No, you misunerstood. I was referrring to the woman who said she had a right not to see breastfeeding in public because she thinks she has a right not to hear swearing in public. But public speech is protected under the first amendment.
And I also don't think you can really say that breastfeeding openly isn't free expression. What if a woman chooses to do so (nurse without covering up) because she feels that nursing is not shameful, isn't that free expression in a way? The Supreme Court has upheld the right of school children to wear Nazi armbands to school.
Also, in the Dike case the Supreme Court stated that states cannot impose a restriction of any kind on breastfeeding. There is a Constitutional Right to breastfeed your child. In states where laws do not exist calrifying the protection of nursing, the mother has a federally protected right to nurse however she chooses.
It doesn't really matter what your specific interpretation of the law, or the semantics of my post are. My arguments don't really matter anyway because this is already a right that has been well established. If the day ever came when American women were not allowed to nurse in public I would be up on the hills of DC staging a nurse-in. But I'm not, I am happily nursing openly in Texas.
Get over it!
http://www.lalecheleague.org/Law/NBNovDec94p164.html:
"...The Necessity for Breastfeeding Legislation
These incidents and others (a mother in California was thrown out of a restaurant, another asked to leave a large department store) have helped many to recognize that breastfeeding legislation is necessary. Legislation is being enacted not because it is currently illegal to breastfeed in public, but because, despite the growing awareness of the advantages, there are still stumbling blocks that affect a mother's decision to breastfeed or to continue to do so. We know of no law that prohibits breastfeeding, or tells a mother how long she can nurse.
As noted, much of the new legislation amends criminal statutes in order to ensure that breastfeeding mothers are protected from charges of indecent exposure, lewd behavior, or violation of any criminal laws. Again, this was done not because it is a crime to breastfeed in any state, but because many of these statutes are vague and could apply hypothetically to the breastfeeding situation. More importantly, this legislation also was enacted to change the public's perception of breastfeeding, since many people in our society view breastfeeding in public as obscene or indecent.
These recent changes in the law support the growing body of evidence that demonstrates that breastfeeding is not only a lifestyle choice, but a health choice for mother and baby. As James P. Grant, the Executive Director of UNICEF, stated:
Study after study now shows, for example, that babies who are not breastfed have higher rates of death, meningitis, childhood leukemia and other cancers, diabetes, respiratory illnesses, bacterial and viral infections, diarrhoeal diseases, otitis media, allergies, obesity, and developmental delays. Women who do not breastfeed demonstrate a higher risk for breast and ovarian cancers.
These benefits are also recognized by US federal law in the Women, Infants and Children (WIC) program, which provides food supplements to low income families. It is now mandated that breastfeeding be promoted as the best method of infant nutrition and provides funding for state-delivered breastfeeding aid, education, and promotion programs.
Encouraging and protecting breastfeeding benefits not only the individuals involved, but society in general. The US federal government, and many states have supported breastfeeding programs partly because hundreds of millions of tax dollars continue to be used to purchase artificial baby milk. With health care reform currently on the national agenda in the United States, legislators are beginning to realize that there are economic and medical benefits to society if breastfeeding is promoted. According to one study, if women breastfed their children until two years of age, the incidence of breast cancer could decrease by twenty-five percent. Considering the cost of caring for the victims of that disease and other serious illnesses against which breastfeeding offers protection to mother and baby, the lost productivity, and the emotional trauma for families, there are certainly no good reasons not to promote breastfeeding.
Both Florida and New York stated the reasons for encouraging breastfeeding in their bills. These included the US Surgeon General's recommendation that babies be breastfed at least one year, the health and psychological benefits to mother and baby, and the goals of the World Health Organization. They concluded that "hostility to mothers and babies in our culture based on archaic and outdated moral taboos" can seriously deter a mother from breastfeeding. They hoped that enacting this legislation would help put an end to the vicious cycle of embarrassment and ignorance about breastfeeding so that mothers would be encouraged to continue to breastfeed without feeling discriminated against or ostracized.
What the Future Holds
Since Barbara Damon and Marlene Pennekamp began calling attention to this issue in the early 80s, breastfeeding legislation has gained momentum. Not only have other states submitted bills on breastfeeding (Arizona, Illinois, New Jersey, and Wisconsin), but some have also taken breastfeeding legislation one step beyond nursing in public. For instance, Iowa recently amended its jury duty statute to exclude mothers of breastfed children who are responsible for the daily care of the child and not regularly employed outside the home. Florida, though, leads the way this year with its newest legislation that creates a breastfeeding project to determine the benefits, barriers, and costs of implementing worksite breastfeeding support policies for state employees. Policies supporting the practice of worksite breastfeeding will be formulated for the entire state. These policies will address issues such as work schedule flexibility, accessible locations and privacy to pump or nurse, and access to clean, safe water sources for cleaning breast pump equipment. Florida's newest law also revises various laws governing services for WIC recipients by requiring an emphasis on breastfeeding. The law also takes a small step toward encouraging hospitals to become more baby-friendly.
New legislation affecting the health laws, family law, civil rights, employment law, and criminal law will be submitted next year in Texas. These laws, if passed, will be the most expansive and thorough legislation to date that affects breastfeeding mothers.
Conclusion
As the legal system continues to recognize and encourage breastfeeding, a message is sent to the public at large that breastfeeding is an important issue, one that has an impact on our lives and futures of our children. But society's views and taboos are not easily changed. Legislation that recognizes the importance of breastfeeding is just one step toward helping our society become more supportive of breastfeeding.
We'd like to hear from you. If you live in the US, let us know of other pending breastfeeding legislation. If you live outside of the US, what are the laws that affect a woman's right to nurse her baby in your country? Write to: LLLI, 1400 N. Meacham Rd., Schaumburg, IL 60173-4840 USA.
ENACTED BREASTFEEDlNG LEGISLATION
[Ed. note: the file Breastfeeding Legislation in the United States has a more up-to-date listing.]
Florida Statutes, section 383.015 (1993) contains Florida's law which states that breastfeeding must be encouraged and gives a mother a right to breastfeed anywhere she has the right to be.
Florida Statutes, section 383.018 (6) (1994); Florida Senate Bill No. 1668, Florida 13th Legislature, Second Regular Session (1994) Chapter 94-217, Florida Advance Legislative Service contains the full text of Florida's new law implementing breastfeeding worksite policies, baby-friendly hospital incentive, and encouragement of breastfeeding in the nutrition programs.
Iowa House File 2350, Seventy-Fifth General Assembly 1994, Iowa Advance Legislative Service contains the new law regarding jury duty and breastfeeding mothers.
Michigan Senate Bills 107,108, and 109 (Acts 313, 314, 315, Public Acts of 1994), Michigan 87th Legislature, 1994 Regular Session, Michigan Advance Legislative Service.
New York Senate Bill No. 3999-A, 1994 Regular Session, Chapter 98, New York Advance Legislative Service contains the full text of the bill which lays out the health benefits for breastfeeding and why it should be encouraged. The text of this bill is virtually identical to the Florida bill that resulted in FL stature 383.015.
North Carolina General Statutes, section 14-190.9 (1993). Virginia Code Annotated section 18.2-387 (1994)
PENDING LEGISLATION
Arizona Senate Bill 1510, 41st Legislature, 1994 Regular Session, Arizona Bill Tracking Statenet, introduced February 8, 1994.
Illinois Senate Bill 1501, 88th General Assembly, 1993-4 Regular Session, Illinois Bill Tracking Statenet, introduced March 4, 1994.
New Jersey Assembly Bill 2009, 206th Legislature, First Regular Session 1994), New Jersey Bill Tracking Statenet, introduced March 29, 1993, last action May 16, 1994.
Ohio Senate Bill 342, 120th General Assembly, 1993-4 Regular Session, Ohio Bill Tracking Statenet, introduced August 4, 1994.
Elizabeth N. Baldwin was an attorney and family mediator in private practice with her husband, Kenneth A. Friedman, in Miami, Florida. She died in March 2003 after an extended illness. Her family law practice primarily focused on protecting young, securely attached and breastfed babies in divorce cases. Elizabeth was also a La Leche League Leader, and a member of LLLI's Professional Advisory Board, Legal Advisory Council. She published numerous articles on breastfeeding and the law, and often spoke at conferences. She assisted hundreds of parents involved in breastfeeding legal cases, and provided information and help to parents, attorneys and other professionals dealing with these issues.
COPYRIGHT 1994, all right reserved. This article may be printed out for personal use but may not be reproduced in any other manner nor for any other purpose without permission.
Last edited August 4, 2005, by jlm. "
Dr. Phil and his guests strike up heated conversations as they debate the latest hot topics. Should women give up their right to breastfeed their babies in public so other people don't feel uncomfortable? Will passing out condoms in schools prevent unwanted pregnancies or just send the message to kids that it's OK to have sex? And, is it acceptable for others to discipline your kids if they see them acting out in public, or should they just mind their own business? Dr. Phil weighs in on these controversial subjects. Share your thoughts, join the discussion.
