Breastfeeding mothers in Alabama will be excused from jury duty, court rules

Breastfeeding mothers in Alabama will now be excused from jury duty, following a unanimous decision by the state’s highest court on Friday. This ruling comes after public backlash regarding the treatment of a mother who was threatened with child protective services for bringing her nursing infant into court.

The Alabama Supreme Court issued an administrative order that mandates judges in the state to establish written procedures for excusing breastfeeding mothers from jury duty.

Previously, Alabama state code did not make specific exemptions for nursing mothers. The court’s order clarified that a breastfeeding mother “of an infant child clearly qualifies for the excuse from jury service” under existing court codes. The order also noted that the exemption process could be submitted by telephone, email, or in writing before jury selection. All nine justices agreed with the decision.

This ruling follows a report by the National Conference of State Legislators, which found that 22 states in the U.S. have passed legislation to exempt breastfeeding mothers from jury duty. A similar bill was introduced in Alabama in 2022, but it did not pass before reaching a vote.

The decision was directly influenced by complaints from several mothers in Jefferson County, which includes Birmingham. These mothers stated that they were harassed and threatened by judges for bringing their breastfeeding babies to jury duty.

One mother, Kandace Brown, shared her experience on Facebook, explaining that a Jefferson County circuit court judge had threatened to call child protective services unless she arranged for someone else to pick up her 3-month-old from the courthouse. Brown said two other mothers who brought their babies had similar experiences.

Brown also reported that she had submitted forms requesting an exemption from jury duty before being summoned but was denied.

“If I’m still breastfeeding, I’m going to have to (bring the baby). I don’t have a choice. Like she would literally starve for the day or the week if I was chosen,” she wrote. When she was dismissed from jury duty, she was told she would be summoned again the next day and would have to leave her infant at home.

Several other mothers came forward with similar stories, with Brown’s Facebook post receiving more than 1,000 likes.

In response to the incident, Jefferson County Circuit Court Judge Shanta Owens called the situation a “miscommunication,” stating that Brown was excused from jury service soon after arriving, along with other mothers in similar situations. Owens, a former nursing mother, also expressed support for excusing jury service for breastfeeding women.

Alabama circuit judges now have 30 days to implement the new procedures.

Was The Treatment Experienced By Breastfeeding Mothers Fair?

The treatment of breastfeeding mothers in Alabama, especially by certain judges, reveals a troubling lack of consideration for both the legal rights and basic human dignity of mothers.

The stories shared by mothers like Kandace Brown stressed the distressing reality that nursing women, who are already balancing the intense demands of motherhood, were forced to choose between their legal obligations and the basic well-being of their children. Such actions by judges not only disregarded these women’s maternal rights but also demonstrated a lack of empathy for the very real challenges these mothers face.

It is deeply concerning that mothers who tried to navigate the jury system responsibly, by submitting requests to be excused due to their breastfeeding obligations, were denied the right to care for their infants.

The fact that a judge threatened to involve child protective services over a mother’s decision to bring her infant to court is alarming. This severe overreach shows a disregard for the well-being of both mother and child, turning what should have been a routine legal process into a distressing, almost punitive experience.

More so, it is troubling that these mothers were made to feel as though their natural and essential role as caregivers was a hindrance to the justice system. The refusal to accommodate breastfeeding mothers, especially when it is clear that nursing is a fundamental need for an infant, reflects a lack of foresight and a failure to address the realities of modern parenting.

Although the Alabama Supreme Court’s ruling is a positive step toward ensuring that breastfeeding mothers are not discriminated against, it is clear that these mothers’ experiences should never have occurred in the first place.

The mothers involved were simply seeking a way to fulfill their civic duties without compromising their children’s well-being, and the harsh treatment they endured should be viewed as an example of a system failing to recognize the complexities of motherhood in today’s society.

The perpetrators of these actions—judges who failed to offer necessary accommodations to breastfeeding mothers—must be held accountable. Their actions created unnecessary hardship for vulnerable parents, and their lack of understanding and compassion highlights the need for broader systemic changes to ensure that all parents are treated with fairness and respect in the legal process.