•  
  •  
 

Abstract

Upon entering the third decade of the twenty-first century, many are ready to believe that women in the United States have finally achieved full equality. However, throughout the country, this is still not the case, especially for women of color. States continue to create laws that disproportionally burden women because of their ability to carry and birth children. The view of “woman as mother” starts before she conceives and continues long after birth, leading to statutes and practices that control her body and heap extra punishment on her should she be seen as a “bad mom.” These legal burdens usually fall on single mothers of color in particular as they are usually the custodial parents and fail to fit the idealized white, upper-middle-class mother mold.

This article surveys statutes and practices in the State of Mississippi specifically, providing concrete examples across a wide variety of legal contexts and demonstrating how each work together to oppress poor, single mothers of color beginning in girlhood. The primary legal areas discussed include the juvenile and criminal justice systems, administrative regulations, and civil liability laws. Most of the statutes and practices covered seem neutral at first blush, but further inspection shows how the high legal cost of motherhood perpetuates a “bad mom” cycle that daughters seem destined to repeat.

While the article finds it unlikely that these laws will be invalidated by utilizing disparate impact theory, it does suggest small, practical solutions under each area that could help break down the cycle of oppression and allow women of all races and socio-economic backgrounds in Mississippi to be less burdened by motherhood.

Download

Included in

Law Commons

Share

COinS