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Reproductive slavery: Historical and present-day discussions of the Black female body as a condition of confinement

Abstract

From history to present day, various territories have utilized both socio-political systems and compulsory powers to place restrictions on reproductive information, healthcare, supplies, procedures, and services pertaining to birth control, sterilization, emergency contraception, and abortion. Quintessentially, these restrictions have uniquely impacted African American women, limiting reproduction for some, and mandating it others. This article takes a comparative historical approach and examines reproductive slavery in the United States during the Atlantic Slave Trade (1619–1865), as well as reproductive restrictions implemented over the last fifty years (1970–2022). This article asserts that the events and policies that occurred in the latter era are an extension of colonial reproductive slavery. Further, this article includes a discussion on the critical importance of intersectional feminist perspectives in discussions of reproductive policies, bodily autonomy, and labor markets.

Introduction

Slavery, bondage, and captivity are just some of the terms used to describe the myriad of coercive and deceptive practices that exploit humankind. Past and present, slavery can be defined as a state or condition where politics, culture, and economy merge to disable degrees of bodily autonomy (Blackburn, 1988). Moreover, slavery is driven by structural social conditions such as gender inequality, human insecurity, and female vulnerability (Cameron et al., 2021). Therefore, it is important to consider the different ways in which men and women are bonded to labor. Acknowledging such differences is key to crafting understandings of the causes and consequences of slavery.

As slavery is an umbrella term, it covers a range of compelled labor types, including sex trafficking, domestic servitude, drug trafficking, and organ trafficking. An extended form of slavery is reproduction. While reproductive slavery is often conflated with sex trafficking, there is a need for a conceptual distinction. Accordingly, since the inception of European colonization, morality politics and territorial legislature have been weaponized to revoke Black women's reproductive autonomy. This has resulted in the racialization of reproductive slavery, which combines White supremacy, sexual exploitation, and forced labor.

As such, this article explores the chronic occurrence of reproductive slavery in the United States (U.S.), and its enduring impacts on African and Afro-descendant women. Upon examining reproductive policies and practices during the nineteenth, twentieth, and twenty-first centuries, a framework is laid constructing the Black female body as a condition of confinement. Furthermore, in analyzing specific confinement criteria, it is argued that modern reproductive policies are not a new form of restrictive governance but rather an extension of colonial reproductive slavery. This work suggests that an understanding of the wider historical racial and gender politics of the region extends and enriches dialogue on reproduction.

Section snippets

Defining reproductive slavery

As Reproductive slavery is not often recognized as an individual form of slavery, it does not possess a universal definition. To define the term for the purposes of this critique, the following works are utilized. Firstly, I begin with Koppelman (2010)'s definition of “slavery” as a “control by which the personal service of one person is disposed of or coerced for another's benefit” (pg. 226). Secondly, I consider Kiva Diamond Allotey-Reidpath et al.' (2018) argument of pregnancy as involuntary 

Comparative historical analysis: Methodological approach and framework

The following two periods are compared: 1619–1865 and 1970–2022. These periods were selected due to their vital relevance to reproductive practices and policies. The first period represents the rise and fall of chattel slavery. While there is no consensus on when slavery began in the American Colonies, many consider August 20th, 1619, when “20 and odd Negroes” arrived in Virginia to be a significant starting point. The arrival of enslaved Africans marked the beginning of two and a half

Reproduction and the Black female body: 1619–1865

The Atlantic Slave Trade officially began around 1526, as Africans were kidnapped, imprisoned, and traded throughout Africa, Europe, and the Americas for raw goods (known as The Triangular Trade). Kidnapped Africans would reach the U.S. around 1619. Although there were no slave laws in place, Africans would become enslaved through a racial hierarchal system where they were seen as a less expensive source of labor, and they received fewer freedoms and opportunities than did White indentured

The legality of slave breeding

After the passing of The Act Prohibiting Importation of Slaves, a series of statutes were enacted regarding the rights of Africans and African Americans (American born descendants of Africans). One of the most notable was The Dred Scott Decision. In 1857, the Supreme Court ruled that Dred Scott, an African American man born into slavery, who later resided in a ‘free state’ where slavery was prohibited, was not entitled to his freedom (Scott v. Sandford, 1857). Following the ruling, Supreme

Emancipation and the decline of slave breeding

The Missouri Compromise (1820) allowed Missouri to become the 24th state. This angered many free states who feared that with the new addition, slave states would hold majority power in Congress. This decision further provoked radical anti-slave sentiment in the North. Following these events and the Second Great Awakening, the Abolitionist Movement would officially form in 1830, with members making it their goal to eradicate slave ownership. They sent petitions to Congress, ran for political

Emancipation and the legality of abortion

Many African women practiced birth control, abortion, and infanticide during slavery. The midwifery culture among slaves was instrumental in transmitting this knowledge, as centuries-old African folktales contained remedies about both contraceptives (pregnancy prevention) and abortifacients (pregnancy termination). Ross (1992) notes that when African women resorted to contraceptives and abortifacients, it was not motivated by a desire to avoid parenting, but rather an act of desperation to

Reproduction and the Black female body: 1970–2022

Most laws prohibiting abortion remained unchanged until almost a century later. Amidst the backdrop of the second wave of feminism and the Civil Rights Movement, attorneys Sarah Weddington and Linda Coffee began building a case to challenge Texas' anti-abortion statute. 21-year-old Norma McCorvey, who was pregnant with her third child and was hoping to obtain an abortion, was used as the plaintiff (Faux, 2000). In 1970, Weddington and Coffee filed a lawsuit in the Northern District of Texas on

Colonial reproductive slavery and modern reproductive restrictions: A comparison

The demise of Roe and Casey brought about strong reactions from the public, with many likening the restrictions to slavery. While many of these statements drew on generalizations regarding the loss of rights for all women, for African American women, the connection to slavery is much deeper. Building on this concept, it is important to explore the cultural, religious, social, political, ethnic, commercial, and psychological influences of recent restrictions, as they are akin to slave breeding

The targeting of vulnerable groups for reproductive service

During colonization, African women were targeted to gratify the sexual urges of proprietors. This was evident from the beginning of the Euro-American Slave Trade, as in 1662, a Virginia Colony enacted Partus Sequitur Ventrem, a law designating children of enslaved women as slaves, even if the father was White (Morgan, 2018). Following the passing of the Act Prohibiting Importation of Slaves, fertility would serve as an extension of their sexual exploitation. Pregnant enslaved women would be

Systematic intrusion in reproduction

Slave breeding was not a spontaneous reaction to the end of the international slave trade, it was a carefully crafted solution to preserving the chattel labor force. Slavery thrived on the political precedent that personhood, a constellation that defined individual entitlements, could be removed. This removal placed slave's bodies on a legal level similar to that of livestock. Accordingly, the system of slave breeding was viewed as no different from breeding livestock. In fact, some owners

Reproductive service as a means of profitability

In the days of African slave trading, men in their prime had high levels of profitability. Their bodies, like Thoroughbreds, were associated with physical strength, and therefore characterized as investments. However, as chattel laborers and reproducers, young women held a unique profitability.

Slave reproduction was frequently used in the trade of child trafficking. When enslaved women gave birth, some owners opted to sell the child. Being “sold down the river,” a fate that many dreaded,

Conclusion

When a Black woman is harmed, as a theory, intersectionality proposes that each element of her identity is inseparably linked with all other elements of her existence. From “20 and odd Negroes” to emancipation, the Black female body was harvested and policed to suit social, political, and economic interests. Relying on the same racial logic that drove centuries of slave breeding in the U.S., modern reproductive policies have launched an assault on African American women by reinstituting

Declaration of competing interest

This research did not receive any specific grant from funding agencies in the public, commercial, or not-for-profit sectors. 

Reference: Brianne M. Posey: www.sciencedirect.com/science/article/abs/pii/S0277539523000687

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