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Article #355

Re: Breastfeeding a felony?!

#355
From: J. Rachael Hamlet or Duncan Coop...
Date: Wed, 09 Oct 1996 00:00
36 lines
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Here, from La Leche League International's web page, is a quote from Liz
Baldwin, J.D., a member of the LLLI Legal Advisory Board.:

----------------------------begin quote-------------------------------

Mothers have a right to breastfeed, and there is no law anywhere that we
know of that prohibits breastfeeding, or tells a mother how long she can
nurse. To the contrary mothers have a constitutional right to breastfeed,
as recognized by the U.S. Court of Appeals in Dike v. Orange County
School Board, 650 F.2d 783 (5th Cir., 1981). In that case, a teacher
wanted to nurse her baby on her duty free lunch break. The school claimed
that policies prohibited teachers from bringing their children onto
school property, and also prohibited teachers from leaving the school
grounds during the day. The trial court ruled that the mother had no
right to breastfeed. In Dike, the appeals court reversed the case and
remanded it for a new trial, stating that breastfeeding is a protected
constitutional right. 

"Breastfeeding is the most elemental form of parental care. It is a
communion between mother and child that, like marriage, is "intimate to
the degree of being sacred," Griswold v. Connecticut, 381 U.S. at 486, 85
S. Ct. at 1682, 14 L. Ed. 2d at 516. Nourishment is necessary to maintain
the child's life, and the parent may choose to believe that breastfeeding
will enhance the child's psychological as well as physical health. In
light of the spectrum of interests that the Supreme Court has held
specially protected we conclude that the Constitution protects from
excessive state interference a woman's decision respecting breastfeeding
her child." 650 F.2d at 787 

----------------------------end quote-----------------------------------------

I see no countervailing state interest served here by prohibiting 
breastfeeding in public, and the proposed law is almost certainly
unconstitutional for that reason.  If you want to know more about breastfeeding
as a political and public health issue, visit my web page.
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From: activist@clark.net (J. Rachael Hamlet or Duncan Cooper)
Subject: Re: Breastfeeding a felony?!
Date: 1996/10/09
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