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Court Rules New York State Child Endangering Law May Not Be Used To Punish Pregnant Woman for Health Problems: Charges Against Stacey Gilligan Dismissed

November 5th, 2004 Pregnancy and Drug and Alcohol Use New York v. Stacey Gilligan

For Immediate Release:
April 9, 2004

NEW YORK—A Warren County, New York, judge yesterday dismissed charges against a woman arrested on two counts of child endangering based on allegations that she consumed alcohol in her 35th week of pregnancy.

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About Our Language: Historically, the State has targeted people identified as women for discrimination and state control based on pregnancy and their capacity for pregnancy. The overwhelming majority of people NAPW has represented and advocated for have been identified in public records as women. In addition, the research and data available on many of our issues typically employ the word women. NAPW recognizes,  however, that not all people with the capacity for pregnancy identify as women and that the gender binary itself contributes to systems of discrimination and control. NAPW’s work is intended to contribute to an all-encompassing fight for civil and human rights — in other words, a true personhood movement. To that end, NAPW uses the terms “women,” “pregnant people” and “people with the capacity for pregnancy” in recognition of the fact that all people are entitled to dignity, equality, and fairness regardless of gender identity, capacity for pregnancy, pregnancy, or stage of pregnancy including labor and delivery.

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