Being Pregnant
TN Breastfeeding Law: How Did I Not Know About This?
So, I’m sitting here watching the news as my daughter takes a nap, and I just found out that in the State of Tennessee, it’s illegal to breastfeed a baby over the age of 12 months in public!
Say what?!? You could actually be cited for public indecency if you are caught breastfeeding your 13 month old (or older) baby in the State of Tennessee! I totally could have been cited! I breastfed and pumped for Joleen in public until she was 13 months old (I did use a hooter hider)!
Apparently, Tennessee is the only state that puts an age limit on the baby being breastfeeding in public, and I find myself being a little peeved. Thankfully, this law is in the process of being overturned, but this got me thinking about what kind of breastfeeding laws there are in other states.
Click to Here to see some interesting State laws regarding breastfeeding.
Should there be an age limit on a baby being breastfed in public? Maybe I’m the one being selfish and not thinking about the people that are around me as I breastfeed in public? What are your thoughts on breastfeeding in public?
UPDATE: Here’s a recent clip of a news segment regarding TN State breastfeeding laws.
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13 Comments
Jake Aryeh Marcux commented on Mar 17 11 at 5:28 pmI’m afraid you have the law wrong in several respects. Breastfeeding is explicitly exempt from Tennessee’s indecent exposure law and has been for some time. You could *not* be charged with indecent exposure for breastfeeding a child of any age, The current bill would remove the 12 month age limit from the public breastfeeding law which actually provides no real protection since it has no enforcement provision. For more information, see: http://www.sustainablemothering.com/2011/02/02/tennessee-legislature-considering-eliminating-12-month-limitation-in-public-breastfeeding-law/
Also, don’t you think a citation to the website for the National Conference of State Legislatures is in order for the big chunk of text you cut and pasted and did not actually write?
steveecurtis commented on Mar 17 11 at 7:02 pmHi Jake! Thanks for clarifying. As of now in the State of TN, you can be cited (not arrested) for indecent exposure for breastfeeding a baby older than 12 months (see video clip). Thank you for letting me know you can not be arrested… I couldn’t believe that when I heard it today, so I am glad to hear it! However, I still think it’s crazy that I could technically still be cited… I doubt a police officer would do that, but still!
steveecurtis commented on Mar 17 11 at 7:06 pmSorry… As of now in the State of TN, you can be cited (no arrested) for indecent exposure for breastfeeding a baby older than 12 months IN PUBLIC.
Jake Aryeh Marcux commented on Mar 17 11 at 7:55 pmI can’t view the clip because I am on an iPad but whoever said that about an indecent exposed citation is incorrect. See:
Tennessee Code Section 68-58-102. Breastfeeding not to be considered criminal offense. —
The act of breastfeeding shall not be considered:
(1) Public indecency, as defined in § 39-13-511; or
(2) Nudity, obscene, or sexual conduct, as defined in § 39-17-901.
[Acts 2006, ch. 617, § 1.]
steveecurtis commented on Mar 17 11 at 8:40 pmI’m not by any means trying to prove you wrong, but I just want to get the facts out there. Here is another article released today that states, “Under current Tennessee state law, women who breast feed a child older than twelve months in public can be arrested for public indecency.”
Here is the link to the article:
http://www.wkrn.com/story/14272346/bill-would-allow-breast-feeding-in-public-with-no-age-limit
Honestly, I really hope you’re right. If you’re a lawyer, I’m totally hiring you to defend me if I ever get arrested for breastfeeding in public!
Jake Aryeh Marcux commented on Mar 17 11 at 9:10 pmI am a lawyer. :) http://www.JakeMarcus.com Check out the clips pages for all my writing on breastfeeding and the law but my most comprehensove piece on
public breastfeeding law is here: http://www.mothering.com/breastfeeding/lactation-and-the-law The press just doesn’t “get” law. It isfreqiently incorrect.
Jake Aryeh Marcux commented on Mar 17 11 at 9:16 pmFWIW, no breastfeeding mother has ever been charged with indecent exposure in any state in the US, regardless of the states’ law. Under current TN public breastfeeding law, a mother who refuses to cover or leave a public accommodation (like a restaurant) can be arrested for *trespass* – completely different area of the law. The new bill won’t change that because it still has no enforcement provision (see the link to my blog Sustainable Mothering above).
Donna commented on Mar 17 11 at 9:33 pmI have mixed feelings on this. I completely support breastfeeding in public, but at what age of the child does it become inappropriate in public? Maybe the thought is because a child should be drinking out of a cup other than before sleep, or maybe because older children tend to become distrated easier and it’s harder to keep things covered up. And lets face, some people are uncomfortable seeing a “breast”, regardless of the the reason. (Prudes!)
The only thing I don’t understand is someone pumping in public. I’ve never seen that, nor would I have done it. I feel that is something that should be done in private, be it home, bathroom, louge area, etc. But not in the general public’s view.
steveecurtis commented on Mar 17 11 at 10:27 pmJake- Your feedback is so insightful, and much appreciated! I just checked out your blog, and you are the expert on this! I am blown away.
With a father who has worked in television/news my whole life, I should know that they tend to embellish things to increase ratings. Are news stations completely wrong when they say that a mother could be arrested? How can they misinform people like this? I know a mother has never been arrested for this, but could it happen?
Jake Aryeh Marcux commented on Mar 18 11 at 11:17 amThe news is completely wrong when saying a mom could be arrested for indecent exposure. I have quoted the Tennessee law above (on public indecency which *is* indecent exposure in TN) that explicitly exempts breastfeeding women. They can be completely wrong because no one calls them on it (though I have with some frequency) and they go for the most exciting story even if it isn’t accurate, :(
Thanks for the praise for my blog. :)
Nikki commented on Mar 22 11 at 12:14 pmI think sometimes it is not ok.. I think maybe until the age of two but I think there is something not ok with a toddler breatfeeding, esspecially when the child walks up and unbuttons the mothers shirt and pops there boob out for a snack.. Cows and other animals don’t feed their babies forever.. Neither should we.. I am very pro nursing and nursed mine for a year but seeing kids that aren’t babies anymore nursing really makes me sick…
Natasha Chavez commented on Mar 23 11 at 10:54 amWhat we should be asking ourself,is why are they sitting around making up laws about women brestfeeding period? Indecent exposure? I can walk in the mall and walk by the Victoria Secrets store and get plenty of that? Seems like they would spend more time on laws that will make a differance? I am. Firm believer in keeping yourself covered,out of respect for yourself.It women using breastfeeding as a tool to show off their chest that makes this whole thing an issue. Cover up ladies! I nursed all three of my kids till they were over a year old,you cn breastfeed and be modest about it:)
Christian Beth commented on Apr 27 12 at 8:10 pmWhy is it a man can show his breasts in public (yes,by medical definition men have breasts and can even get breast cancer) but a woman can’t simply because men have so over sexualized the breast in our culture? So tired of the double standard!!!!! I see more of women’s breasts walking down the mall and on tv than any breast feeding mom has ever revealed to me! Let’s grow up people! My God, it’s just a breast! We’ve all seen more coming out our mothers vagina! And let’s face it, if you’ve seen one breast (be it your moms, girlfriends, wife’s, or in a textbook) you’ve pretty much seen them all—they are pretty much the same. I’m sure these politicians see breasts all the time when they are cheating on their wives with hookers and mistresses! If I want to feed my child in public, I will and FORGET the person who tries to stop me! I would be PROUD to go to jail and then I’d be on the next flight out of here to live in my husbands native country flicking this one off as I left!!!!!!! And I’m a born US citizen in case anyone’s asking!
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