BIRMINGHAM, Ala. (AP) — In a unanimous decision on Friday, the Alabama Supreme Court ordered that breastfeeding women in Alabama be excused from jury duty. This decision was made in response to a mother’s public outcry, who claimed that she was threatened with child protective services for bringing her nursing infant into court.
The administrative order issued by the Alabama Supreme Court mandates that Alabama judges must establish written procedures allowing breastfeeding mothers to be excused from jury duty. Prior to this order, the state code did not explicitly provide exemptions for nursing mothers. The order stated that “a nursing mother of an infant child clearly qualifies for the excuse from jury service” as per existing court codes. Additionally, the justices specified that the process for obtaining an exemption could be initiated through telephone, email, or written communication prior to jury selection. All nine justices of the Alabama Supreme Court supported this decision.
According to a 2021 report by the National Conference of State Legislators, twenty-two states in the U.S. have legislation that includes specific exemptions for nursing mothers. In Alabama, a similar bill addressing this issue was introduced in 2022 but did not progress to a vote in the legislature.
The recent order from the Alabama Supreme Court was prompted by complaints from multiple mothers in Jefferson County, which encompasses Birmingham. These mothers reported instances of harassment and threats from judges for bringing their breastfeeding infants to jury duty.
One mother, Kandace Brown, shared her experience on Facebook, alleging that a Jefferson County circuit court judge threatened to involve the Department of Human Resources, including child protective services, unless she arranged for someone else to pick up her 3-month-old from the courthouse. Brown mentioned that two other mothers faced similar ultimatums when they brought their children to serve jury duty.
Brown disclosed that she had already submitted forms seeking exemption from jury duty before being summoned to court but was denied. Expressing her predicament, she emphasized the necessity of bringing her baby to court as she was still breastfeeding, stating, “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.”
After Brown’s account gained traction on social media with over 1,000 likes, other mothers in the community came forward with similar experiences. This collective outcry highlighted the challenges faced by nursing mothers in fulfilling jury duty obligations.
In response to these incidents, Jefferson County Circuit Court Judge Shanta Owens attributed the situation to a “miscommunication” in an interview with AL.com. She clarified that the juror, along with any others in similar circumstances, was promptly excused from jury service upon arrival at the courthouse. Owens, who is also a former nursing mother, expressed empathy for individuals navigating jury duty responsibilities while breastfeeding and stated she would allow an exemption for such individuals for a specified period.
Alabama circuit judges are required to submit the new written procedures within 30 days, ensuring that breastfeeding mothers
