“The freedom of expression is a First Amendment right,” state Sen. Jeff Irwin (D-Ann Arbor) joked to the media after a vote on his bill SB 351 to expand protections for individuals breastfeeding to include those using a breast pump or other means to express milk.
Michigan became one of the last states to protect public breastfeeding in 2014 through bipartisan legislation called the Breastfeeding Anti Discrimination Act, which garnered widespread support in the Legislature.
The act and partnering legislation allows for breastfeeding in public spaces, whereas previously state public indecency laws didn’t specifically exempt breastfeeding from “indecent exposure” and the corresponding criminal penalties.
However, the current law is not enough to protect infants in Michigan, Shannon McKenney Shubert, executive director of Michigan Breastfeeding Network told lawmakers in the Senate Health Policy committee on Oct. 4.
“There are so many reasons why direct bodyfeeding is not always feasible or possible. I have heard countless stories of folks who absolutely must pump breastmilk,” Shubert said. “Human milk benefits everyone, everyone should partner and work together for the success of families to provide their babies and children with human milk in whatever way works for each family.”
Shubert said 90% of families in Michigan incorporate some form of pumping in their infant feeding journey and the legislation provides opportunities to keep individuals in the workforce, limit infant mortality and increase family wellness, as well as support reclamation of traditional birthing practices for cultural communities that have been prevented from breastfeeding.
After the 26-12 vote, Irwin said he was happy to have voted while serving in the House for the 2014 legislation that created the defined right to breastfeed in public settings But he said SB 351 presents an opportunity to make good legislation better.
“Breastfeeding is an important function for the mom and the baby and the idea that folks should be shamed out of public spaces for that is just wrong,” Irwin said. “But the one thing that we left out was pumping and expression of the milk, so I thought this was a hole that we could fill, and that we could just simply make sure that we were doing everything we could to support breastfeeding moms and their babies.”
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