Tallahassee, FL – The American Civil Liberties Union and the ACLU of Florida today filed a friend-of-the-court brief opposing the state's decision to force a pregnant woman to remain hospitalized against her will.

"Women do not give up their right to determine the course of their own medical care when they become pregnant," said Diana Kasdan, a staff attorney with the ACLU Reproductive Freedom Project. "Faced with similar cases, courts throughout the country have made clear that pregnant women have a right to make decisions about their own health, including refusing medical care."

In March 2009, the Circuit Court of Leon County ordered Samantha Burton – a mother of two suffering from pregnancy complications – to be indefinitely confined to Tallahassee Memorial Hospital and forced to undergo any and all medical treatments deemed necessary to save her fetus. After three days of state-compelled hospitalization, Ms. Burton suffered fetal demise and was released from the hospital.

By Dahlia Ward, State Strategist, ACLU Reproductive Freedom Project

Imagine this — you're the busy mother of two small kids with another one on the way. This pregnancy has been fraught with complications. During a medical exam, your doctor orders bed rest for the remainder of your pregnancy. You explain that you can't possibly stay in bed for four months with two small children (!). The doctor insists. You say you want to get a second opinion. The doctor refuses and goes to court and gets a court order mandating your confinement in the hospital for the remainder of your pregnancy.

Sound crazy? Well something along these lines happened to Samantha Burton, a mother of two in Florida who was 25 weeks pregnant when she was hospitalized against her will due to pregnancy complications. When she requested a transfer to another hospital so she could get a second opinion, the state refused because it was not in the fetus' "best interests at the time."

The lower court based its decision on the fact that medical intervention is justified in “extraordinary” circumstances. The A.C.L.U. responded that the circumstances Burton found herself in were very ordinary. “It is hard to imagine anything more commonplace than the inability of a mother of two to remain on continuous bed rest,” the brief says, “or the well-documented difficulty in quitting smoking,” which Burton was also ordered to do.

Where then, to draw the line? If a court can confine a pregnant woman to a hospital because she refuses (or is unable) to stay in bed and quit smoking, what about the women who doesn’t eat healthfully? Or who drives above the speed limit? Dahlia Ward, state strategist for the A.C.L.U.’s Reproductive Freedom Project, wrote the following in the Daily Kos a few months ago, when the case was first reported:

"Don’t get me wrong — of course I want pregnant women to follow their doctor’s advice. But I do not think that pregnant women should be confined against their will if they are unwilling or unable to do so. If we allow the government to confine a pregnant woman for not following orders to remain in bed, what’s next? Will we forcibly hospitalize pregnant women for having a glass of wine with dinner? Or eating too much fast food?

What if they don’t take their prenatal vitamins? Or miss their doctor’s appointments? What if a pregnant woman refuses a Cesarean section? While we each may have strong opinions about such behaviors, our government cannot interfere in a woman’s personal private medical decisions. Allowing the government to make medical decisions for pregnant women means that literally every decision and every activity a pregnant woman engages in could be regulated by the state. And certainly the possibility of state-mandated hospitalization for those who have engaged in “unhealthy behaviors” would deter some women from seeking any prenatal care for fear of being punished. In that situation, everybody loses. "

A Tallahassee woman court-ordered to remain in the hospital on bed rest appeals her case to a higher court.

Samantha Burton was at risk of a miscarriage. Back in March, a circuit judge ordered her to remain on bed rest at Tallahassee Memorial and receive any medication or treatment her doctor deemed necessary to save the life of her unborn baby.

TMH attorneys argued it was in the best interest of the child.

Burton's attorney David Abrams says Burton is a working mother of two small children and says she wanted to be released to remain on bed rest at home.

She has now asked the First District Court of Appeals to decide if TMH, the doctor, and the circuit court went too far.