BIRMINGHAM, Ala. (WBRC/Gray News) – Only days after a breastfeeding mother summoned for jury duty was forced to bring her 3-month-old daughter to an Alabama courthouse, the state Supreme Court declared breastfeeding women should be excused from the civic responsibility.
Kandace Brown spent around three hours last Monday at the Jefferson County Courthouse with her 3-month-old daughter, Parker. The mother says her daughter is exclusively breastfed and won’t take a bottle. They have to stay together at all times, so her baby can eat, WBRC reports.
Brown says she had to explain multiple times to judges and clerks why she couldn’t serve on jury duty without her baby.
“I had no choice,” she said. “She cannot eat without me, and I couldn’t understand the entire time how they couldn’t understand that. She cannot leave my side.”
At one point, she claims a circuit court judge addressed the crowd and said if the parents with children didn’t find accommodations, the state Department of Human Resources could get involved.
“On the microphone in front of 300 people, one of the judges said, ‘All the mothers that have children here today need to make accommodations for your children to be picked up. We would hate for DHR to get involved,’” Brown said.
Not only were she and other parents reportedly threatened with DHR, Brown says a courthouse clerk told her she could pump instead.
“I know the DHR threat has gotten a lot of people fired up, but for me, for someone to tell me how I should feed my child when the government doesn’t have a say in that. And I’ll let you know a lot of mothers know the ins and outs of feeding a baby – it’s just not that simple,” she said.
After Brown’s story caused public outcry, the Alabama Supreme Court got involved, issuing an administrative order excusing breastfeeding mothers from jury duty just four days later.
Brown says she was floored and couldn’t believe it happened so fast.
“I have never seen government respond so quickly to constituent concern as I did here,” state auditor Andrew Sorrell said.
Sorrell served as a state representative for several years. He introduced a bill addressing this exact concern back in 2021 and 2022. Both times, the bill died in committee.
He called the state Supreme Court’s order a win.
“Do I think that the administrative rule is enough? Probably so because I think that the Supreme Court is unlikely to ever change this,” Sorrell said. “It would be extremely unpopular to change it, and I think they were sincere when they did change it. But getting something codified into law is much more permanent.”
While talks are still happening, Sorrell, Brown and state Rep. Susan Dubose say they expect some kind of bill to be introduced during the upcoming legislative session.
Brown is hoping to include the primary caretakers of children under 5 years old since it’s difficult to get childcare. Sorrell mentioned including caregivers of those with disabilities as well.
The legislative session begins Feb. 4.
The National Conference of State Legislatures reports only 22 states exempt breastfeeding mothers from jury duty.
The full administrative order issued by the Alabama Supreme Court can be read below:
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