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From the Metro staff at The Boston Globe

Breastfeeding bill passes Legislature

December 31, 2008 04:00 PM Email| Comments (45)| Text size +

By Globe Staff

Mothers who want to breastfeed their children in public would get legal protection under a bill that received final approval from the Legislature today.

The bill, "An Act to Promote Breastfeeding," is headed to the governors desk after being enacted by the Senate, said Senator Susan Fargo, the Lincoln Democrat who championed the bill.

Currently, women who breastfeed their children in public could be prosecuted for indecent exposure or lewd conduct. If convicted, they could even be forced to register as sex offenders, Fargo said. The legislation authorizes breastfeeding in public places and makes it clear it is not illegal.

Massachusetts has been one of three states in the nation without such a law on the books.

"For something that's so healthy and so natural and supported by so many health groups, it just makes so much sense" to pass the protections for breastfeeding, Fargo said.

"No longer will mothers be forced to feed their children in the restroom of a restaurant or mall. ... Women who nurse should not be treated as second-class citizens," Representative David P. Linsky, a Framingham Democrat who pushed for the bill in the House, said in a statement.

Proponents say breastfeeding is healthier for kids and thus reduces healthcare costs.

The bill now heads to Governor Deval Patrick's desk. Fargo said she was confident he would sign it. No one answered the telephone this afternoon at the governor’s press office.

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45 comments so far...
  1. About time!!!!

    Posted by John Mc December 31, 08 05:20 PM
  1. It's about time. And glad this state is going the right way while the perverts at facebook are banning nursing pics. Cleavage is much more pornographic than breast feeding, and we have to bear cleavage everywhere, even nominally conservative workplaces.

    Posted by Old Poor Richard December 31, 08 07:39 PM
  1. Here comes the selfish mothers...again! Oh...its my right as a mother...its natural -well its overboard! I suppose I am now allowed to pump while sitting in my office. To these mothers who choose to whip out their breasts in public-goodluck raising your kids. For us who choose not to see breasts in public- though luck for us and look the other way!

    Posted by keepitprivate December 31, 08 07:46 PM
  1. about time is right! its just so ridiculous to even have to have a law .what is wrong with this society!?

    Posted by crystal cormier December 31, 08 08:09 PM
  1. It's about time MA got with the program! Too bad my children are way past breastfeeding age. I breastfed all 3 of them regularly in public and luckily never had a problem. It's great that women finally have protection for the most natural of acts.

    Posted by former nurser December 31, 08 08:22 PM
  1. It's all natural. I suppose I can now take a dump & a piss out in public because it's natural and the way mother nature wanted it to be......Losers. Why is this even getting legislative attention. Aren't there more important things to legislate?

    Posted by V December 31, 08 08:42 PM
  1. Hey, keepitprivate, I don't need your "luck" to raise my child. I already have my mother's instinct, my skills, my incredible family, my amazing husband's support, and my medical degree. My (gasp!) toddler can now be nursed legally in public, and I'm amazed that in Massachusetts of all places it took so long. Well done, Beacon Hill, I'm glad you stepped up and made it law.

    Posted by Proud nursing mama December 31, 08 08:53 PM
  1. What are the other two states without the law currently?

    Posted by Concerned soon to be Mom December 31, 08 09:15 PM
  1. I cannot beleive it took this long. I guess there are alot more ignorant people in this world then I would of guessed!

    Posted by jess white December 31, 08 09:35 PM
  1. Who wants to see this in public, go to a private place. I'm sure the perverts will love watching.

    Posted by Dawn December 31, 08 09:53 PM
  1. No, this is soooo ultra-liberal bs. Yah, I don't think ANYONE objects to a mother breast feeding her baby. Its HOW you do it which makes you either a class act and do it respectfully and lady-like or you can just whip our boob out in plain sight and say, who cares about anyone else's uncomfortable-ness - this is about ME!!

    Posted by Angelaone December 31, 08 09:56 PM
  1. As the husband of a wife who nurses, for once this is something Beacon Hill can be proud of. Hey "V", I've never read a more ignorant statement. Nevermind the everyday challenges working mothers face when they choose to breastfeed, they shouldn't feel like criminals doing it. I've never seen a nursing mother be anything other than discreet when they have to nurse in public. I assure you, they'd prefer to be behind closed doors if it were possible. You're not going to see a rash of mothers nursing on Boston Common because they just feel like being outside. "V" this is important legislation because it corrects the law on the books that stigmatizes these mothers and could result in prosecution. Hopefully no one called your mother a "loser" as she was nursing you and giving you life.

    Posted by BROACHE December 31, 08 10:21 PM
  1. Instead of being militant about in-your-face breastfeeding, wouldn't just a bit of discretion go a long way? Will there also be a law against staring? Lastly, if your child can walk up to your breast and tell you what it is, you should probably move up to milk in a cup don't you think?

    Posted by hat822 December 31, 08 10:23 PM
  1. A mother who breast-feeds in public should certainly not be considered a sex offender, but unfortunately "accommodation" somehow always turns into people pushing the envelope. Get ready for the sporatic stories of indignant women on the 10 o'clock news telling stories of woe, describing how they were deprived of their rights because someone asked them to exercise good taste and discretion!

    Posted by notsuprised December 31, 08 11:00 PM
  1. Its disgusting. I don't want to see it anymore than I want to see you change diapers in public! Go into a bathroom and breast feed.

    Posted by John December 31, 08 11:47 PM
  1. "No one answered the telephone this afternoon at the governor’s press office."

    Was it a paid holiday at the governor's press office? Probably not. Business as usual.

    Posted by Tom January 1, 09 12:05 AM
  1. To "Concerned Soon to Be Mom"

    You asked about the other two states without such law. I know that here in New Mexico we are still waiting for passage.

    -- Keko Jones
    Cenotes, New Mexico

    Posted by Keko Jones January 1, 09 01:59 AM
  1. It's pathetic that someone would compare nursing a baby to urination and defecation. While I don't agree with the "whip it out" attitude I also don't agree with the blanket over your baby thing and I do think it's very important to have breastfeeding protected by the law.

    Posted by Inursedthree! January 1, 09 08:50 AM
  1. As a mother who nursed both her children for 14 months each (yes, I did it in public in MA & CA, but without anyone ever seeing anything), I am proud to live in a state that is finally supporting nursing mothers and preventing their being unjustly stigmatized and persecuted.

    To those with backward attitudes of decades past, have you ever read the studies that show that breast milk is infinitely better for babies than formula? Do you know that formula fed babies are at higher risk of infections (like ear and respiratory), obesity, diabetes, life-threatening allergies, and asthma because breast milk gives immunity from common illnesses that babies would otherwise be inundated with? Are you aware that breast-fed babies have been proven to be have better brain function, and eventually perform better in school than their formula-fed peers? Are you aware that breast milk is free and formula costs a small fortune?

    As for breast feeding in a public bathroom, I can't think of anything more disgusting! Where is the mother supposed to sit? On a toilet? Leaning against a filthy wall? On the floor that has been walked on by 200 others that day and who knows when it was last cleaned? Are you really suggesting that a baby should eat in the same room with a toilet? Next thing, you'll be telling everyone to put their toilet in the kitchen and start using it as a drinking fountain!

    How dare anyone compare defecating and bathroom functions with breast feeding! You drink cow's milk, don't you, and that came from another female's body. Babies don't eat bodily waste, so it is not the same thing.

    Babies need their mother's milk, and our children would be healthier across the country if more mothers felt supported enough to commit to breast feeding their children. It's not easy in the beginning, no matter how natural it is, and it is a skill that takes time to learn and emotional support to master. If everyone were just used to the sight of a nursing mother with her baby in her arms, then no one would be offended by it.

    Posted by milkmachineandproudofit January 1, 09 10:56 AM
  1. To John- who thinks women should go into a bathroom to breastfeed their babies-
    The next time you go to a restaurant, have them serve your "dinner" in a bathroom. Maybe you'll understand that "eating" in a public restroom is an unpleasant experience-even for babies!

    Posted by Renee January 1, 09 11:21 AM
  1. Here we go! Now we´re going to have all these new mothers grossly overdoing this in public. We have to be subjected to this? Im sure they think it´s BEAUTIFUL! Sorry to say, it´s not. It might be beautiful to you, but its beautiful if its kept private. So, keep it private and keep your body parts out of my site. I dont want to see it.

    Posted by Civilized American January 1, 09 01:04 PM
  1. Thank you Susan Fargo! I agree with the comment that it's pathetic legislation would be necessary. In past decades, before bottles and formula, there was a healthier attitude re: nursing and in public. People viewed it as a natural part of motherhood. It is some convolution of our unhealthy attitudes towards sexuality that lead to the reactions some people now have. Not only is it better for babies and their health, but is a more natural context for learning about breasts & their function, and, as someone pointed out, less "pornagraphic" than cleavage, which we accept. Nursing can be done with almost no exposure at all, but in our crazy mixed up society, I'm glad we now have the protection of a law.
    concju

    Posted by momof two&grandma January 1, 09 01:10 PM
  1. To all you people who are paranoid that you'll now see an upsurge in nursing women, I think you can relax. I do not see the passing of this law as something that is going to change behavior. Women are either willing to nurse in public or they're not. It's not a "oh, I'm in Massachusetts where I'm not legally protected, so I should go hide" thing. The symbolism of this law is what is important and I'm glad it's finally (almost) on the books.

    Believe me, I wish this law would change behavior and make more women nurse their children - however they are comfortable doing it. But even if that does happen some of those women will still be afraid to nurse in public. That won't change without undoing years and years of stigmatization not just passing a bill.

    Posted by Public Nurser January 1, 09 05:10 PM
  1. Some of the responses on here are so ignorant and immature it makes me sick. Breastfeeding compared to public defacation and urination is unbelievable. We are talking about nourishing a human life, not excreting waste. Breast milk is food. Would you eat a sandwich in a public restroom? Should a breastfeeding mother hole up in her home for the duration of breastfeeding her child? Perhaps the uninformed of you should do your research about breastfeeding.

    Posted by Lisa January 1, 09 05:52 PM
  1. "I've never seen a nursing mother be anything other than discreet when they have to nurse in public. "

    I used to work in a coffee shop, and you would be surprised how many women would whip out a bare breast in the middle of the store. A few years ago, the Globe had a story about a woman who was thrown out of a city pool for breastfeeding her kid while standing the the pool.

    I'm all for breastfeeding, but a little discretion goes a long way. Maternity tops, scarves, and slings are not the enemy. Masturbation is also healthy, normal, and natural, but no one argues that it should be allowed in public.

    Posted by Liz January 1, 09 06:29 PM
  1. If women were descreet about it, I would not have any trouble. However, since most public breastfeeding mothers "in your face it", it should not be allowed NOT EVEN WITH scarves or blankets, etc. And yes, it IS like urinating and deficating in public!

    Posted by Alan Brito Delgado January 1, 09 10:06 PM
  1. Some grown men and women will continue to think that their irrational squeamishness should take precedence over the rights and needs of infants...but sorry folks today is not your day. The wheels of progress grind slowly but this is proof that they're still functioning here in Massachusetts. BABIES are the winners in this. If you think there's something more important than protecting the health and wellbeing of future generations you are sadly mistaken. HURRAY FOR PROGRESS!

    Posted by Artemnesia January 2, 09 07:20 AM
  1. Whether you agree or disagree with public breastfeeding, can we not all agree that a woman should not be prosecuted and potentially have to register as a sex offender for feeding her child? C'mon people! I can't believe some of the responses here!

    Posted by DFitz January 2, 09 08:30 AM
  1. It's easy to list all the times you've seen someone be indiscreet. You cannot list all the times someone breastfed around you but were discreet about it.

    Most are discreet and so you don't even realize that it is happening.

    People who seek attention will get it, one way or another, and it has little to do with this law.

    Posted by a man January 2, 09 11:21 AM
  1. I am in shock reading some of the comments posted here. Some of these people need to educate themselves about breastfeeding. Most world health and government organizations agree there is enough data compiled about the myriad of health benefits for mother and baby to recommend exclusive breastfeeding for at least the first 6 months of life. The American Academy of Pediatrics recommends breastfeeding for the first year.
    Women who choose to breastfeed their children are choosing to give them the very best nutrition available. So, it only makes sense that they shouldn't have to
    worry they are doing something illegal. Of course they should be discreet if they have to do it in public, and most of them are. This is wonderful news to start the New Year!

    Posted by Vanessa January 2, 09 09:30 PM
  1. Heehee I think it's all about me and my (now 16 month) breastfeeding toddler.

    Thinking about all the times I have breastfed in swimming pools in MA and CA, in coffee shops and in the Isabella Stewart Gardner Museum (security guards asked me to go to their breastfeeding area, which was at least a nice area with chairs). Nope not discrete. But my child rarely cries and disturbs the peace - so we have another kind of discretion in its place - perhaps the breastfeeding is more agreeable?

    Posted by PlumMum January 4, 09 04:54 AM
  1. It is beyond funny how the conservatives in this crowd are the ones that have totally bought into the porn industry's selling of the female body as a only for sex and male pleasure. Pity the poor souls for constantly setting the standards for hypocrisy.

    Posted by clmw January 4, 09 05:37 PM
  1. I am truly shocked at some of the backward respones. I am baffled at how I could offend someone else by feeding my baby in public. Granted, I do tend to use a shawl thing, but there are times that my son pulls it off or he is too hot under it and I don't go out of my way to cover up for the whole time he's eating. He's covering me up for the most part anyway! But with or without a shawl, it doesn't affect anyone else! My baby will not be eating in a public bathroom- the very idea is ridiculous. And I do not think this law is going to make women start breastfeeding less discretely, but it will simply create an ovedue, appropriate atmosphere for women to feed their babies in a healthy, natural, and yes beautiful way. If you don't like it, look the other way and get a life.

    Posted by emily January 4, 09 09:39 PM
  1. Poor old USA..this isnt even an issue anywhere else in the world..

    Posted by somebloke January 5, 09 01:12 PM
  1. I think a lot of people who are opposed to this have no idea what nursing a baby really means. Perhaps they think that babies eat three meals a day, which can be timed around outings. Newborns eat every hour or two (some more often), older babies every three hours or so. If women cannot feed their babies in public, they are chained to their homes and cannot leave for more than a couple of hours at a time. It is simply not possible to keep it "private." If restaurants and shops offered quiet, comfortable, private rooms for nursing mothers, I'd be happy to use them.

    Posted by anonymous January 6, 09 12:32 PM
  1. It really disgusts and bothers me when people eat with their mouth open or chew loudly in public. Can I ask them to leave?

    (And more seriously, I don't have any children, but from what I've seen, they quiet down really fast if the mom "whips it out". I'd much rather risk seeing a nipple than be bothered by a screaming child.)

    Posted by E January 7, 09 08:32 AM
  1. Quote, "To "Concerned Soon to Be Mom"
    You asked about the other two states without such law. I know that here in New Mexico we are still waiting for passage.
    -- Keko Jones
    Cenotes, New Mexico"

    Actually, NM DOES have a law protecting breast feeding mothers. The states that are lacking laws are now North Dakota and West Virginia.

    Posted by Proud Mama of 2 January 7, 09 06:12 PM
  1. Its disgusting. I don't want to see it anymore than I want to see you change diapers in public! Go into a bathroom and breast feed.

    Posted by John December 31, 08 11:47 PM


    I believe it is ILLEGAL to serve food in a public restroom FYI....

    Posted by am January 8, 09 02:06 PM
  1. "Poor old USA..this isnt even an issue anywhere else in the world.."

    I was going to make that same comment, but someone beat me to it... Only in the USA do you even hear such comments against mothers breastfeeding. Incredible... I live in Canada, and breastfed in pubic, with no blanket and half the time people didn't even notice what I was doing... and if they did, they certainly didn't see any extra body parts!!! Gosh, do you people think we just undress to do this? And don't get me started on going to the bathroom to breastfeed. Get over it already.

    Posted by Jeanne January 9, 09 08:37 PM
  1. It saddens me that there are so many ignorant, uneducated and offensive comments about breastfeeding as though it is some kind of perversion or that women who choose to do so in public are somehow doing it on purpose just to be disgusting. Perhaps they prefer the alternative? Melamine tainted formula and toxic plastic bottles? Feed your baby where people defecate? Put your baby's head under a blanket which feels claustrophobic and smothering? Do a search on Google for images of Mary breastfeeding Jesus. She sure liked to whip em out for the Saviour! In Europe this is such a non issue. Poor American babies!

    Posted by Tiger January 10, 09 05:54 AM
  1. Poor American babies, indeed. How in the world, after thousands of years, did humanity wind up creating this bizarre culture where so many people find breastfeeding offensive? For crying out loud, formula has only been around since 1867, when it was invented to help out babies who for whatever reason were unable to breastfeed. Now all of a sudden nursing is ... gross? That's so absurd it's baffling. How did this happen? Was it some weird quirky accident of culture, or did the formula companies plan it? And more importantly, how are we going to fix it? It's shocking that in the world's only superpower, a world of such wealth and education, that there are so many people who are so ignorant about a basic function of life. Really -- how does anyone come to think that the people who are perpetuating the species should go into hiding? Or that it is somehow better for children to give them the artificial, man-made stuff (which an enormous percentage of infants cannot even digest) rather than the milk which God created? Really? Should we take a newborn kitten away from its mother and feed it milk from a dog? Should all animals with young should be locked up so no one can see them and have their food delivered in? I can only hope that the posters who are "grossed out" today will become better educated before they have children.


    Posted by Astonished January 10, 09 05:06 PM
  1. I live in Massachusetts and am thrilled to see this finally happening. I have nursed 3 children (the first two for over 2 years) and the third is nearing 2 years and we will keep going. As a naive nursing mother to my firstborn (who is now almost 10 years old), I did slink off to a restaurant bathroom to nurse her and it was dirty, gross and humiliating. Never again. I have since nursed in restaurants, parks, playgrounds, stores, etc. and I can assure you that I was no more exposed than a woman wearing a string bikini in the summer. And, yet, I suspect that the folks who wish that I would go back to a bathroom to nurse would have no problem with those bikinis. Our society's frighteningly warped priorities saddens me greatly.

    Posted by nursing mom x 3 January 11, 09 01:33 PM
  1. Fantastic! And long overdue.

    To those of you against this--I really am amazed at your ignorance and small-mindedness. I really boggles the mind of those of us who are more enlightened and don't struggle against the fact that we are indeed mammals.

    Breastfeeding is the best feeding. It's the unethical marketing practices of formula companies that should be banned. So many studies support the health benefits of breastfeeding for both mother and babies--to strengthen our natural immunities, reduce the chances of certain cancers, digestive track disorders, food allergies, and for proper brain development and higher IQs. It's ridiculous that our society will okay spending millions of dollars to provide formula via WIC when breastfeeding is free and superior--but some people are such prudes that they take issue with a woman nursing in public. I suppose people would rather see babies given bottles of formula tainted with melamine--or mixed with unsafe drinking water. In these tough economic times many moms have been starving their poor babies because they are trying to stretch out their powdered formula by mixing it improperly. All these problems could be avoided if more women were encouraged to breastfeed and not felt like they were being victimized by doing so.

    Our culture needs to get over their over-sexualization of the breast. It is first and foremost the biological norm for feeding babies. How do people think Mary fed Baby Jesus?

    Posted by April Steele, Ashland January 23, 09 11:18 AM
  1. Those who are commenting about the "in your face" attitude of a few breastfeeding mom's they may have seen in public--have probably not even realized that there are untold thousands of us that they have passed as we sit quietly and discreetly nursing our babies without their notice.

    There is no way in hell I would ever resort to nursing my baby in a public bathroom or dressing room. Nor am I going to stifle myself and my baby by covering up with a blanket on a hot summer's day. I assure you that the majority of us can and do nurse our babies so discreetly that most of you probably walked right by us thinking we simply cradled a sleeping infant in our arms.

    I was fortunate to work for an employer (shout to the Mathworks, Inc., Natick MA) that respected nursing mothers so much that they set up a lactation room at their offices for mothers who were pumping for their children in daycare. More employers should follow this shining example.

    Those that object to nursing mothers really need to take a long hard look at their own convoluted sexual misconceptions. Some of you truly have some deep seeded psychoses if nursing mothers offend you so much. I've heard of penis envy...maybe you just have breastfeeding envy because you were propped up with a bottle instead of nursed close to your mother's heart. I feel sorry for those of you.

    Posted by April Steele, Lactavist January 23, 09 11:34 AM
  1. Nursing is great, natural and rewarding. I loved to see my daughter's face while I nursed her. There's nothing sexual about that, it's the ultimate symbol of motherhood in many art forms.
    To all the morons suggesting nursing in the public bathrooms - I want to see you eat your whole lunch in there, then we'll talk!
    To the people suggesting high discretion and covering of infants while nursing - imagine it's 90 degrees and you're supposed to eat your lunch under a nice towel or blanket.
    And for the ones who just don't want to see anything like that - look away!! How hard is that!

    Posted by mom February 11, 09 10:04 AM
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