Groups Challenge State Law That Lets Authorities Jail Pregnant Women Using Drugs, Alcohol

Women’s rights groups are challenging a Wisconsin law that allows authorities to confine a pregnant woman who tests positive for illegal drugs or alcohol.

The soon-to-be-filed lawsuit involves a 30-year-old pregnant woman from Medford who went to the doctor and ended up in jail. Tamara Loertscher was seeking treatment for thyroid problems and depression, and a urine test detected marijuana and methamphetamine in her system. Loertscher said she had stopped using those drugs once she knew she was pregnant.

Sara Ainsworth of National Advocates for Pregnant Women said Wisconsin’s law is unconstitutional.

“This law authorizes a vast array of coercive, punitive actions against pregnant women who are not actually using any substances at all, but are simply being honest with their doctor about past drug use,” said Ainsworth.

The state Department of Children and Families did not immediately have comment on the case.

Loertscher was ordered to undergo inpatient drug treatment but refused. She spent 17 days in jail for contempt of court. Later, the Department of Children and Family Services made a determination of child maltreatment. If that stands, Loertscher would be on the state’s child abuse registry. She would not be able to volunteer or get a job working with children.

Loertscher’s baby is due in January.

Advocacy groups will fight the case on two fronts, by filing an appeal of child maltreatment determination and filing a federal lawsuit about the law’s constitutionality.