In Maryland, rape victims who become pregnant as a result of rape have no access to the courts to request termination of the parental rights of the rapist.  This is a grave injustice to women who have been victimized by sexual violence.

Legislation has been introduced to create a process for rape survivors to use to ask the court to terminate the other parent’s rights. House Bill 646​/Senate Bill 593 include strong due process protections, a full trial, and a prompt resolution.  The moving party would be required to prove by clear and convincing evidence that the child was conceived by rape and that it is in the best interests of the child to terminate the parental rights of the respondent. 

Shockingly, the Maryland State Bar Association (MSBA), a voluntary association of about 75% of Maryland’s lawyers, has chosen to oppose this legislation.  The association is now mounting a lobbying campaign to raise the standard of proof in the bill to force rape victims – and only rape victims – to meet a higher burden of proof than used in any other termination of parental rights case.

A majority of both the Maryland House and the Maryland Senate support the bills, with 33 senators and 78 delegates signed on as sponsors.  Other supporters include the Attorney General Brian Frosh, Women Legislators of Maryland, Women’s Law Center of Maryland, Maryland Coalition Against Sexual Assault, Governor’s Office of Crime Control & Prevention, Maryland Right to Life, Maryland Catholic Conference, Planned Parenthood, NARAL-MD, MD Chapter of National Association of Social Workers, Baltimore Jewish Council, and the Maryland Legislative Agenda for Women (a group of over 40 organizations).

The bill’s sponsor in the House of Delegates, Kathleen Dumais, the Vice-Chair of the Judiciary Committee created a point-by-point response to the association’s opposition.  This includes:

The MSBA makes the remarkable statement that “MSBA believes that the bill is attempting to create a one-size fits all approach to rape as it relates to TPR [termination of parental rights]” (p.3).  This is described as a “significant concern”.  It is true that HB646 does not distinguish between types of rape leading to pregnancy.  Pregnancy as a result of a rape in the first degree is no different than pregnancy as a result of rape in the 2d degree, the victim is just as pregnant.  Moreover, the goal of the bill is to establish a process.  The logic of the opponent’s objection would lead to different processes for different types of rape, apparently because some rapes are better than others.  Questions about how or whether non-consensual sexual conduct led to conception of a child are matters of evidence.  A court process should not vary in response to where a sexual assault falls on “the spectrum” that the opponents envision.

This petition is to communicate loud and clear to the Maryland State Bar Association: 

I’m a lawyer and you are not representing me.  You are not my MSBA.

About 5% of women of reproductive age who are raped become pregnant as a result, with about 38% carrying a child to term.  The MSBA should stop lobbying to block a bill to give these victims access to justice and start supporting HB646/SB593.