Article View: pa.general
Article #355Re: Breastfeeding a felony?!
From: J. Rachael Hamlet or Duncan Coop...
Date: Wed, 09 Oct 1996 00:00
Date: Wed, 09 Oct 1996 00:00
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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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X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: f6cc7,28b933f4e9fe25a7 X-Google-Attributes: gidf6cc7,public X-Google-Thread: 1038e3,c2fbda3045e80de2 X-Google-Attributes: gid1038e3,public X-Google-Thread: 1141a2,c2fbda3045e80de2 X-Google-Attributes: gid1141a2,public X-Google-Thread: f4d80,c2fbda3045e80de2 X-Google-Attributes: gidf4d80,public X-Google-Thread: 101049,c2fbda3045e80de2 X-Google-Attributes: gid101049,public From: activist@clark.net (J. Rachael Hamlet or Duncan Cooper) Subject: Re: Breastfeeding a felony?! Date: 1996/10/09 Message-ID: <53f6h2$rij@clarknet.clark.net> X-Deja-AN: 188069827 references: <52qv1v$8te@ssnet.com> <53575v$5e@sjx-ixn3.ix.netcom.com> content-type: TEXT/PLAIN; charset=ISO-8859-1 organization: Clark Internet Services, Inc. mime-version: 1.0 newsgroups: pa.general,misc.legal,dc.general,alt.law-enforcement,alt.politics