In my prior post, “That fetus is mine, all mine,” it covered the horrible bill that Alabama-native, and now Virginia state legislative delegate John A. Cosgrove has proposed. A woman could be thrown in jail for up to 12 months and pay a $2,500 fine for not filing with the police a record of “fetal death.”

Cosgrove obviously was sweating and had to put out some kind of response; it’s lame. His bill isn’t clear at all. Here is the full text, with the strikethroughs indicating his changes. What interest does the state have in knowing this information? How does collecting information serve any interest, other than moving to define a fetus as a person? He didn’t answer that question at all. Cosgrove knows he just stepped on the third rail. Watch for more dissembling. Thanks to LisaDawn82 on Daily Kos for the letter:

Hello:

I am Delegate Cosgrove and I wish to respond to the allegations that have been made by those who have emailed and called my office. The intent of House Bill 1677 is to require the notification of authorities of a delivery of a baby that is dead and the mother has not been attended by a medical professional. This bill was requested by the Chesapeake Police Department in its legislative package due to instances of full term babies who were abandoned shortly after birth. These poor children died horrible deaths and all that the person responsible could be charged with is the improper disposal of a human body.

The requirement for twelve hours comes from the method that a coroner would use to determine if the child had been born alive or dead. After twelve hours, it becomes next to impossible to determine if the child was alive due to decomposition gasses that build up in the body.

My bill in no way intends that a woman who suffers a miscarriage should be charged for not notifying authorities. The bill in no way mentions miscarriages, only deliveries. After discussing the bill again with our legislative services lawyers, I will include language that will define the bill to apply only to those babies that are abandoned as stated above.

I would never inflict this type of emotional torture on a woman who has suffered such a traumatic event as a miscarriage, and I am confident that the General Assembly of Virginia would also not pass such a terrible imposition on a woman.

I hope that you will understand the original intent of this bill. This bill has nothing to do with abortion, contraception and especially miscarriages. If you were alarmed by this bill or by the websites, I am sorry. I hope that this will explain the concept and intent of this bill.

Sincerely,

John A. Cosgrove

Cosgrove also earns bonus wingnut points for being part of the effort to strengthen Virginia’s already oppressively homophobic laws. Virginia’s Affirmation of Marriage Act prohibits a civil union, partnership contract or “other arrangement between persons of the same sex purporting to bestow the privileges or obligations of marriage.”

Email: Del_Cosgrove@house.state.va.us

UPDATE (1/9/2005): He also responded to Maura in VA, whose original post started all of this.

I am delighted to report that Delegate Cosgrove has contacted me directly about HB1677. Delegate Cosgrove has been inundated with calls and emails today in response to the viral spread of this story via the internet, and he is doing his best to respond to them.

He has asked me to share his email with you here, and I do so with thanks to him for his time and thought in composing it (emphasis mine)

Dear Maura:

I am Delegate Cosgrove and I wish to respond to your website and the allegations that have been made by those who have emailed and called my office. The intent of House Bill 1677 is to require the notification of authorities of a delivery of a baby that is dead and the mother has not been attended by a medical professional. This bill was requested by the Chesapeake Police Department in its legislative package due to instances of full term babies who were abandoned shortly after birth. These poor children died horrible deaths. If a coroner could not determine if the child was born alive, the person responsible for abandoning the child could only be charged with is the improper disposal of a human body.

The requirement for the twelve hour notification timeframe comes from the method that a coroner would use to determine if the child had been born alive or dead. After twelve hours, it becomes next to impossible to determine if the child was alive due to decomposition gasses that build up in the body.

My bill in no way intends that a woman who suffers a miscarriage should be charged for not notifying authorities. The bill in no way mentions miscarriages, only deliveries. However, after discussing the bill again with our legislative services lawyers, I have decided to include language that will define the bill to apply only to those babies that are claimed to have been stillborn and that are abandoned as stated above.

I would never inflict the type of emotional torture on a woman who has suffered such a traumatic event as a miscarriage by making her notify authorities of her loss. I would also never impose criminal sanctions on a woman who has gone through this loss. And I am confident that the General Assembly of Virginia would also not pass such a terrible imposition on a woman. My mother experienced several miscarriages and I have other friends who have been devastated by losing their children through miscarriages.

On a final note, your website advocates the use of emailing comments to my office. As for the emails that I have received, I have answered a few and will forward a similar explanation to those who sent them. I always seek to receive emails that express a point of view either in support or in opposition to an issue. The majority of emails I have received from this site, however, have been extremely abusive, condescending, and mean-spirited. That is never the way to communicate with another person and I hope that civil discourse would be your desire as well.

I hope that you will post this explanation on your website and understand the original intent of this bill. If you feel the need to discuss this matter more fully, please do not hesitate to call. Thank you for your time and consideration of this matter.

Sincerely,

John A. Cosgrove

I have sent him an initial reply thanking him for his thoughtful response, and I plan to spend some time tomorrow night or Sunday in composing a more substantive post which addresses the information he provides here and asks him questions about the revisions he plans.