Why do we need Breastfeeding Legislation?

The images of a woman’s breast are routinely displayed in the media through magazines, movies, and television. It is not uncommon to see a lingerie model cross the screen of your television with next to nothing on her body; yet, in some states woman are penalized or harassed when they breastfeed in public. When did breastfeeding become an illegal act? Never.

Every woman has the constitutional right to breastfeed in public. As stated by the U.S. Supreme Court, “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.

So, why do we need breastfeeding legislation? The purpose of breastfeeding legislation is to clarify the woman’s right to breastfeed in public places and to assist in changing the public’s opinion. Women also need to be reassured, through legislation, that they should not fear being threatened with violations of indecent exposure or nudity laws when they provide nourishment to their baby.

For a summary of breastfeeding advocacy legislation visit www.breastfeeding.org/law/statesummary.html. To help in this effort, contact your state legislators to encourage them to pass legislation in support of a woman’s right to breastfeed in public.

Congresswoman Carolyn Maloney (D-NY) has been a champion of breastfeeding on the national level, promoting legislation that would protect breastfeeding by new mothers, provide for a performance standard for breast pumps, and provide tax incentives to encourage breastfeeding. For more information about federal intitiatives, go to http://www.house.gov/maloney/issues/breastfeeding