Alabama editorial roundup

Recent editorials from Alabama newspapers:

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May 25

The Dothan Eagle on senseless deaths:

As we head into the Memorial Day weekend, many residents are perhaps thinking of friends, family members or forebears who died in the service of our nation. While it’s something we should never take for granted, the upcoming holiday is set aside particularly as a time to honor the sacrifices of those men and women. Their deaths were valiant; they died in the defense of our noble way of life.

We cannot help but notice the differences surrounding two recent deaths in our area. Earlier this week, a young man died of gunshot wounds. He was 19 years old, having graduated high school just three days earlier. Like many men his age who have virtually gone from baccalaureate to battleground to body bag, Kendarrius Dewayne Martin’s adult life was painfully short. The difference is that Martin didn’t die from a bullet from an enemy combatant’s weapon. He was shot by a civilian as he spent time at a city recreation center with friends.

Those who knew Martin describe him as a young man with potential, an ambitious fellow who was headed to college on scholarship. Police aren’t certain what led to the shooting, but have arrested a 15-year-old they believe fired the shots that killed Martin.

Several days earlier, another young man was arrested as an assailant in another killing. Jzurih Khalil Flowers is accused of capital murder for beating his 75-year-old grandfather to death with his walking cane.

As we ruminate on the freedom defended with the blood of countless fallen military defenders, we must also consider the senseless ruination of these four lives - the accused as well as the victims - and try to determine how to instill a respect for the infinite value of a human life.

Online: https://www.dothaneagle.com/

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May 24

The Decatur Daily on why the legislature should revisit a teacher-student sex law:

A state law passed in 2010 is, at its core, sensible. The law criminalizes sexual acts by a teacher with his or her student under the age of 19.

It’s sad such a law is necessary, but the number of teachers who have been charged with the crime since its passage suggests it was overdue. Teachers are in a position of authority relative to their students and should be mentors. A teacher with so little self-control, and such a twisted sense of his or her relationship to students, has no business being in a classroom. It’s conduct that should be illegal.

The law does more than criminalize such conduct between a teacher and his or her student, however. It criminalizes sexual conduct between any school employee and any student under 19.

In defending a Decatur High School teacher facing the charge, a lawyer has challenged the constitutionality of the law. The Decatur teacher’s case would appear, on the alleged facts, to be indefensible. The 43-year-old female teacher allegedly had sexual relations with two students who had been in her class, one of whom was 17 at the time of the offense. So the lawyer’s defense had less to do with the details of his own client’s case than with the constitutionality of the law. One way he emphasized the law’s defects was to point out potentially ludicrous hypothetical results. Could a 20-year-old custodian in one school be charged with a Class B felony and labeled a sex offender for engaging in consensual relations with an 18-year-old student in another school? The answer is yes, as the law is currently written.

An arrest Monday in Moulton will no doubt assist lawyers seeking to argue the law is an unconstitutional invasion into individuals’ privacy. The defendant was a 27-year-old teacher at Moulton Middle School. The student is an 18-year-old high school senior.

There is no question that the alleged relationship, if consensual, would be legal but for the teacher-student sex law. Sexual conduct between consenting adults is legal in Alabama as long as they are over the age of 16. That age limit may be too low, but it’s the law that applies to everyone but school employees.

At least from the facts so far released, there does not appear to have been any school-related opportunity for coercion in the Moulton case.

To be sure, the alleged facts are disturbing. The age gap was significant, and it’s distressing that any teachers would have such limited control of their conduct that they would see a high school student as an acceptable paramour.

Is this, however, the sort of conduct that lawmakers intended to label a Class B felony, punishable by two to 20 years in prison, a fine of up to $30,000 and a lifetime sex offender label? Or would such conduct be more fairly dealt with through school employment disciplinary codes or teacher certification rules? A rule that sexual contact with a student is always grounds for immediate termination or revocation of teacher certification would seem completely appropriate. A 20-year stint in prison, less so.

The Legislature in 2010 passed a law that criminalized conduct that needed to be stopped. The law was not narrowly drawn, however, and lawmakers would be wise to review how it is being applied. Failure to amend it could lead to prosecutions not envisioned by the Legislature, and could also lead to a court ruling that the law is unconstitutional in its entirety.

Online: https://www.decaturdaily.com/

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May 30

The Gadsden Times on a midwifery legalization bill:

For the first time in more than four decades, Alabama parents have the option of home births attended by midwives.

Realistically, there still will be a period before many midwives are available. Part of the legislation signed Wednesday by Gov. Kay Ivey requires that practitioners have Certified Professional Midwife accreditation. The North American Registry of Midwives, a national accrediting organization, sets education and certification standards for the CPM, which is the one most recognized by the more than 30 states that license midwives.

The credentialing process takes three to five years of education, plus an apprenticeship with an experienced midwife who has supervisory certification.

Another part of the legislation requires state licensing - from a board that does not yet exist. The new law establishes the State Board of Midwifery, but it could take a year or more to stand it up.

While all of this might sound like one step forward and two steps back, those who have lobbied for more than a dozen years to get midwifery decriminalized surely must be relieved.

Yes, you read that correctly. Until Ivey signed House Bill 315, it has been a crime since the mid-1970s for anyone except a licensed nurse to assist a home birth. A midwife faced misdemeanor charges.

Ivey issued a statement after signing the bill into law, saying she chose to do so to give mothers more options while making sure midwives are qualified.

“As signed into law, HB315 strikes the appropriate balance of removing regulations to allow midwives to practice, while also making sure offered services are safe for and in the best interests of mothers and children,” according to the statement. “The debate on this bill brought all parties to the table and is a perfect example of the people of Alabama playing an active and effective role in lobbying their government.”

Perhaps the truest measure of the success of the lawmaking process is that no one got everything they wanted. The state Medical Association got some concessions, but still is not thrilled with the prospect of home births. The Alabama Birth Coalition, the grassroots group that lobbied so hard for so long in favor of midwifery, is troubled by some of the concessions, such as not being able to attend to mothers delivering multiples.

As access to health care continues to be a concern, especially in rural or impoverished areas, the option to have a home birth attended by a midwife surely will fill a need. We appreciate the hard work put in by all concerned to get the measure passed. We are certain it was, for many, a labor of love.

Online: https://www.gadsdentimes.com/