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Child's Right to Nurse Act

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The Child's Right to Nurse Act is a U.S. legislative act which seeks to protect a child's right to be breastfed in any location where the mother-child pair are otherwise authorized to be. It was first introduced in the West Virginia House of Delegates by Bonnie Brown (D-30th-Kanawha). Delegates Long, Palumbo, Butcher, Ellem, Varner and Doyle co-sponsored the bill. Dr. Foster and several co-sponsors introduced the bill in the Senate on the same day. The title of the bill highlights that this is the first attempt to introduce breastfeeding legislation that focuses on the child rather than the mother.

Supporters of the bill, which passed 93-4 in the House but went without vote in the Senate, hoped that West Virginia would join other states in protecting breastfeeding mothers from discrimination. While breastfeeding in public is not illegal, mothers in such places as Charleston, Huntington, and Parkersburg have been harassed for doing so.[citation needed][neutrality is disputed]

On Friday, July 29, 2005, Governor Joe Manchin stated that mothers shouldn't be harassed for breastfeeding. He made this statement during an event in the Governor's Reception Room where he issued a proclamation declaring the month of August as Breastfeeding Month in West Virginia.

The group striving for passage of the bill includes Republicans, Democrats, and Independents. Jennifer Bryant, the mother harassed in Charleston, is a Democrat while Cassie Martin, the mother asked to stop breastfeeding in Huntington, is a Republican. This shows the issue is not a partisan one. Neither is it a religious issue for many individuals. Catholics, Jews, Protestants/Evangelicals, and the non-religious have all been involved in supporting what they see as the rights of mothers and children to engage in public breastfeeding.

Bill text

§16-1-19. Child's right to nurse: Location where permitted; right protected.

(a) Breast feeding is an important, basic act of nurturing that is protected in the interests of maternal and child health. A mother may breast feed a child in any location, public or private, where the mother and child are otherwise authorized to be.

Reason for the legislation

Both residents of and visitors to West Virginia had been harassed for discreetly breastfeeding their babies in civic centers, pools, and restaurants.[citation needed][neutrality is disputed] Hungry babies need to be fed on demand. They do not understand place or convenience, only their need for nourishment. Breastfeeding is not for public display, but occasionally it must be done in a public setting. Breastfeeding and breast milk also provide significant health benefits to both the mother and child.

West Virginia presently ranks 49th for the incidence and duration of breastfeeding in the U.S., with mothers citing a lack of support, even active discouragement, as a primary reason for stopping. This denies children the tremendous health and nutritional benefits that only breastmilk provides. Protective legislation would afford more children these benefits.

Supporters of the bill

Numerous organizations endorsed the bill:

Opposition to the bill

House of Delegates

  • Four members of the House of Delegates, three men and one woman voted against the bill. All were Republicans.
    • Delegate Patti Schoen (R-14th-Putnam) stated, "I just don’t think there’s a need for the law."
    • Delegate Chris Wakim (R-3rd-Ohio) claimed that women in his constituency considered protecting breastfeeding rights "a waste of paper."

Senate

  • In contrast to the House, the greatest opposition to the bill came from the Senate's top Democrats.
  • Senator Prezioso (D-13th-Marion), Chairman of the Health and Human Resources Committee, held up the legislation until the last hearing of the general session. During that last hearing, Mr. Prezioso introduced amendments that would have limited the protections. The first would have restricted the protections to children under twelve months. This amendment was voted down. The second amendment to this bill would have limited the places where the law applied. This amendment passed.
  • The bill cleared the Health and Human Resources Committee and should have been reported on the floor that legislative day following the committee vote. However, Mr. Prezioso chose not to report until only two legislative days remained. Thus, the bill died on the final day of the session as it had not been read on three consecutive days as required by the West Virginia Constitution.

See also

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