Breastfeeding and Jury Duty: State Laws, Court Rules, and Related Issues

Publication Date: May 2005

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Justice; Social conditions

Type:

Abstract:

The increasing popularity of breastfeeding has focused attention on how the law facilitates or discourages the practice. One issue that has arisen involves breastfeeding mothers and jury duty, and whether a breastfeeding mother may receive an excuse or deferral from compulsory jury duty.

At the present time there is no federal legislation on the subject, although Congress has considered and adopted other legislation concerning certain breastfeeding issues.

By contrast, several states have enacted legislation to excuse or defer jury duty for breastfeeding mothers, either specifically or more generally under "family friendly" jury duty legislation. "Family friendly" jury legislation varies in scope, but it generally, though not always, is sufficiently expansive to cover breastfeeding mothers.

Court rules concerning breastfeeding mothers and jury duty vary widely. California has adopted a uniform statewide rule. However, federal district courts have not adopted standard rules or practices. Likewise, state and local courts may have no specific rules, or very different rules on breastfeeding mothers and jury duty.

The fact that a state, a court system, or a single court does not have a law, rule, or formally written procedure does not necessarily mean that a breastfeeding mother will be compelled to serve on a jury. It appears that a general "medical exception" from jury duty may be applicable to breastfeeding mothers in some instances, and local practice and custom may influence an excuse or deferral from jury duty. It appears that many of the decisions concerning a nursing mother's excuse or deferral from jury duty are handled on a case-by-case basis by the individual courts.