COLUMBIA, SC – In a decision hailed as a triumph for reproductive rights and maternal health advocacy, a South Carolina grand jury declined in August to indict a Black woman, Amari Marsh, for experiencing a pregnancy loss at home. This decision aligns with the urgent calls from community members, health advocates, and medical professionals to prioritize support over criminalization.
Ms. Marsh, a respected member of her Orangeburg community, was a 22-year-old college student at the time of her miscarriage in March 2023. She was later arrested and charged with homicide by child abuse, which carries a sentence of 20 years to life — an extremely severe charge for the common experience of pregnancy loss. Although the outcome is positive in her case, this by no means erases the long-lasting harm that Ms. Marsh and her family experienced.
“I’m relieved that my case is over, but they will never fully understand what they put me through. They interrogated me, charged me, arrested me, disrupted my education and turned my whole life upside down,” said Ms. Marsh. “While facing a murder charge and the possibility of decades in prison, I still had to process my pregnancy loss. I’m now working to rebuild my life through counseling, and I’m back in school.”
“As a mother, you work so hard to keep your child out of trouble and set them on the right path. But what about when trouble comes looking for them?” said Ms. Marsh’s mother, Regina Marsh. “I wouldn’t wish this on my worst enemy, let alone my own child. I’ve witnessed Amari’s tears, confusion, hurt, and fear firsthand. I don’t know how this got this far, but I do know that it was never right. My daughter isn’t a criminal, and she deserved better.”
Ms. Marsh’s case highlights advocates’ growing push for improved maternal health support, particularly for women of color, rather than punitive measures.
“While we are relieved for Ms. Marsh and her family, we cannot ignore the trauma she has endured. The mere act of charging her has highlighted the urgent need to address maternal health disparities and end the criminalization of pregnancy outcomes, particularly for women of color in South Carolina,” said Women’s Rights & Empowerment Network (WREN) CEO Dr. Amalia Luxardo. “This decision is not just a victory for the Marsh family but a step toward a more just and equitable approach to reproductive health in our communities and beyond.”
“Defending my client in this case has been a profound reminder of why I’m passionate about this work. No one should be criminalized for experiencing a pregnancy loss,” said Ms. Marsh’s attorney Seth Rose. “Ensuring that individuals are treated with dignity and justice, especially with such deeply personal matters, is at the core of what drives me as a defense attorney.”
Pregnancy Justice partnered with WREN to organize a letter of supporters who unanimously oppose the criminalization of pregnancy outcomes.
“Amari was victimized by the criminal legal system,” said Pregnancy Justice Legal Director Karen Thompson. “There’s no rulebook for pregnancy loss, and we do know that Amari did nothing wrong and never should have been charged. The state’s justification of its charge — that Amari waited a whole 10 minutes to call 911 — underscores the fact that being pregnant in America is in and of itself a reason for suspicion, especially if you’re Black. Our country has a long history of controlling Black bodies, and it seems hellbent on continuing this deeply disturbing tradition through the criminalization of pregnancy outcomes.”
This case has brought attention to the critical issue of maternal and infant health disparities. In South Carolina, Black women are 67% more likely than white women to experience pregnancy-related death. Nationally, Black women are approximately three times as likely as white women to die during pregnancy, with rates nearly doubling from 2018 to 2021.
