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This blog is the work of an educated civilian, not of an expert in the fields discussed.

Wednesday, July 14, 2004

Liberty and Equality In Action: Breastfeeding

Some reasons to strongly oppose President Bush and wonder why Sen. Kerry cannot be better. I'm not as opposed to Kerry as the writer, but I too wonder -- is someone who says that the Janet Jackson boob thing was not exaggerated truly the best we can do? The article does underline why even those who truly dislike Kerry can and often should hope he wins. Meanwhile, Jenna Bush wants to teach in NYC (in a charter school, of course). Did Texas not have enough clubs?


As an appellate judge, Justice Stevens wrote an opinion holding that the constitutional right to marital privacy did not bar a law prohibiting fathers from being in the hospital room during caesareans. Most states are not likely to have such a rule these days. This is largely a result of changing mores, which was likely the main reason why New York state constitution eventually safeguarded the right to breastfeed in public. The importance of such a right, including its fundamental importance to the child's health and true equality for the mother as well, is discussed with a personal touch here.

This issue suggests the true value of a healthy respect for liberty and equality. First off, it suggests that equality for various groups does not just include a mere equal protection of the laws. Obviously, men and women do not have the same sorts of breasts, or bodies in general. It requires concern for special needs that might be required, needs that are necessary for the group to truly enjoy equality. Thus, the right to choose an abortion is a basic component of gender equality. Things are even more clear-cut when we notice that the burdens in place tend to have a sexist edge to them, an assumption about the traditional role of women.

True equality therefore has an important liberty component. "We hold these truths to be self-evident, that all mean are created equal, that they are endowed by their creator with certain unalienable rights, that among these rights are life, liberty, and the pursuit of happiness." Our right to liberty is protected by the U.S. Constitution in various ways, explicitly by certain specific rights, an overall structure of checks and balances / separation of powers, and various catchall protections. This includes the power and responsibility of the states and people themselves (10th Amendment) to protect it in a myriad of ways.

The most important catch-all provision these days is the Due Process Clause, which is held to have a substantive component, a reach that is used to attack any number of laws said to violate fundamental rights. I would be more comfortable in using the Ninth Amendment (speaking of unnamed rights) and Privileges and Immunities Clause (rights of national citizens) in most cases. The overall result can be the same -- a healthy respect for basic rights, especially those that grow out of the ones explicitly mentioned in the Constitution.

Thus, we have this very issue -- breastfeeding. The basic reason to breastfeed is that it is a healthy way to nourish your child. Health is a basic fundamental aspect of freedom, the very purpose of the Thirteenth Amendment. And, breastfeeding is not shown to be unhealthy, but actually a traditional practice that is more nourishing than artificial replacements. Many other basic liberties also grow out of this most basic of rights.

The baby's parents, here the mother, are the ones particularly required to care for his/her health needs. In fact, caring for your children is another fundamental aspect of freedom. Breastfeeding does this by providing nourishment and a special bond between mother and child. This aspect of freedom also does not suddenly stop when you are in public. Finally, the freedom to actually go into public,* freedom of movement, is inherent to true liberty. And, the right of the woman in particular to do so is an important aspect of equality.

Sheryl Colb discusses how societal opposition to the practice inhibits the ability to breastfeed, even if there is a legal right to do so. She suggests that more exposure of the practice is necessary to stop it from being so taboo, as would more education and discussion of the importance of the practice. Such is generally the case -- the public must respect and understand rights for them truly to be honored in every day life. This includes a respect for the freedom to choose practices that they might be uncomfortable with, such as abortion, same sex relationships, religious faiths, and yes, breastfeeding.

I can understand the problems of some in putting aside societal beliefs and instincts as to the sexuality of breasts. It also is in some important respect an intimate and private act. This suggests we should help to ensure that privacy is safeguarded whenever it can be. All the same, "there are a thousand places a mother may find herself when a baby demands - absolutely demands - food, and if she feels she has to be running for the nearest cubby hole, or toilet cubicle, she may decide it is simply not worth the hassle - whether it is better for baby or not."

So, given the importance of the practice, and the realities of the situation, public breastfeeding is sometimes necessary. As is honoring the right of women to do so. It is but one of a myriad of ways we can and must truly honor equal freedom for all, even after we walk out our front doors.

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* The right to make various decisions of a personal nature is sometimes considered a component of the "right to privacy," even if the decisions are not completely private. Therefore, religious faith is a "private" matter, even if you wear a crucifix. The alternative results in a paltry version of the right, which is deemed almost taboo.