Weeks before her due date, Erica Jimenez, a first-time mother, sought assistance for her pregnancy. However, she was excluded from California’s Black Infant Health Program due to her race. Despite meeting the program’s criteria such as being pregnant, residing in a service area, and being over 18, Jimenez was denied access solely because she was not the right race.
Jimenez is challenging this exclusion by arguing that the program’s eligibility criteria violate the 14th Amendment’s equal protection clause. This clause prohibits the government from treating individuals differently based on race without a compelling interest. Since its establishment in 1989, the Black Infant Health Program has aimed to improve the health of African American women and their infants through race-specific services. However, data shows that the mortality rate for Black infants remains higher than that of white infants despite decades of implementation.
A recent op-ed criticized Jimenez’s lawsuit, claiming that race-based healthcare delivery is crucial as it can save lives. Yet, this assertion does not reflect the reality within the Black Infant Health Program. Jimenez and other mothers are denied equal treatment under the guise of a benefit the program fails to deliver.
The Constitution’s prohibition against racial discrimination acknowledges the nation’s history with race, particularly in public health offerings. Despite frequent appeals to health and safety, the Constitution does not allow discriminatory policies purely because they claim to save lives. The Supreme Court has consistently rejected broad objectives like promoting diversity or remedying societal discrimination to justify racial discrimination.
The fundamental eligibility of the Black Infant Health Program is race-based, disadvantaging individuals like Jimenez. Justice Clarence Thomas noted the detriment of racial registers, highlighting that treating citizens based on racial criteria demeans everyone. Jimenez’s lawsuit seeks inclusive access to the program for all mothers who meet the criteria, irrespective of race.
Moreover, the effectiveness of racially segregated care in improving health outcomes is questionable. A cited Florida study on Black infant mortality was criticized in a follow-up review, revealing biases related to treatment of high-risk newborns by white physicians.
The Constitutional prescription for California’s approach to maternal healthcare is individual treatment, as emphasized by the Supreme Court and medical authorities. Individualized care, not race-based exclusion, is the path to better health outcomes.
Andrew Quinio, the attorney representing Erica Jimenez in this lawsuit, highlights the necessity of reforming California’s maternal health approach to eliminate ineffective and discriminatory practices.