After the end of Roe v. calf
Pregnant women in Texas do not want to pay fines: Unborn baby is considered a passenger
A pregnant woman argues that with her unborn baby she has the right to drive in a multi-person lane in Texas (symbol image)
© Christin Klose / Picture Alliance
A pregnant Texas woman wants to appeal her speeding ticket for illegal driving in the multi-person lane. Her fetus is considered after the end of Roe v. Wade in Texas as a person, she argues. Courts may have to deal with similar cases in the future.
The “HOV” lane (High Occupancy Vehicle lane) in the USA is actually intended as a so-called multi-person lane. The American Brandy Bottone was therefore stopped by a patrol car near Dallas at the end of June: the police officer gave her a ticket for more than 200 US dollars because she was alone in the car. This was reported by several US media unanimously.
However, the pregnant woman does not want to pay the ticket because her unborn baby will be affected by the decision of the Supreme Court, the landmark decision Roe v. Tipping Wade is considered a person in Texas. When the policeman stopped her and pointed out that she was not allowed to use the multi-person lane alone, Bottone, who was in the 34th week of her pregnancy at the time, simply pointed to her visible baby bump, “NBC” reported. She told the officials that her unborn girl was considered a person in Texas and therefore another passenger. However, the policeman then pointed out that the second passenger had to be outside of her body. The 32-year-old now wants to go to court to have the case clarified.
Texas Penal Code: Unborn babies are considered persons
When the US Supreme Court overturned the landmark “Roe v. Wade” ruling from 1973 just a few days earlier, abortion rights, which had previously applied nationwide, became a matter for the individual states again. Texas, like other conservative-governed states, is now planning to legally restrict abortions even more than before. The Texas Criminal Code recognizes a fetus as a person – but at the same time, according to “NBC”, there is no provision in the code of the state’s transportation authority that recognizes it as a passenger.
Former prosecutor Loni Coombs told CNN that the Texas Criminal Code’s definition could create more litigation in the future: “If we’re talking about a fetus being a person, there are a lot of other rights that come with being a person person and that will be fought out in court, such as whether my fetus is entitled to a tax deduction.” The same applies to claims for citizenship or child support. US courts could soon have to deal with these and similar questions.
Texan does not expect a high chance in court
In Brandy Bottone’s case, local police officers told her that if she contested the ticket, the court would likely drop the case. Nevertheless, she wants to try her luck in court. “I’m going to waste my time on July 20 fighting a ticket that I don’t think I should have gotten,” CNN quoted the pregnant woman as saying.
According to the broadcaster, Bottone has not yet made her personal view of the decision of the Supreme Court clear. Above all, she fights against the speeding ticket because she feels she has been treated unfairly.