In the United States, there is no outright ban on breastfeeding in public at the federal level. However, laws related to public breastfeeding vary from state to state. While most states have laws that specifically protect the right of women to breastfeed in public, there are a few states with no clear protections.
Background on Public Breastfeeding Laws
Public breastfeeding has been a source of debate and controversy in some parts of the US. However, health experts overwhelmingly recommend breastfeeding and see it as the optimal way to feed infants. The American Academy of Pediatrics recommends exclusively breastfeeding babies for about the first 6 months, and continuing to breastfeed alongside introducing appropriate complementary foods for 1 year or longer.
To support breastfeeding, especially among working mothers, the United States amended Section 4207 of the Patient Protection and Affordable Care Act in 2010 to require employers to provide:
- Reasonable break time for a nursing mother employee to express breast milk for her nursing child for one year after the child’s birth
- A private space, other than a bathroom, for the employee to express milk
However, this federal law does not specify anything related to breastfeeding in public spaces. Laws around breastfeeding in public spaces are determined at the state level.
State-Level Public Breastfeeding Laws
Most states have enacted laws that specifically protect the rights of women to breastfeed in any public or private space where they are otherwise authorized to be. Some states also have laws that protect breastfeeding from being considered an act of public indecency or indecent exposure.
As of 2023, the list of states with laws that specifically allow public breastfeeding includes:
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
The majority of these state laws were passed within the last 15 years, indicating a shift towards protecting and normalize public breastfeeding.
States with No Clear Protection for Public Breastfeeding
While most states protect the right to public breastfeeding, there are a handful of states with no clear laws on the books:
- Idaho – Idaho has no law specifically allowing or prohibiting public breastfeeding. However, indecent exposure laws could potentially be misapplied.
- Ohio – Ohio law neither explicitly allows nor prohibits public breastfeeding. There have been instances of harassment and discrimination against publicly breastfeeding mothers.
- Virginia – Virginia law does not address breastfeeding in public places. Women breastfeeding in public have faced harassment.
So in summary, while no state completely bans public breastfeeding, Idaho, Ohio, and Virginia have the murkiest legal situation and lack express protections for nursing mothers.
Recent Public Breastfeeding Incidents and Controversies
Even in states with clear protection for public breastfeeding, nursing mothers still report dealing with negative reactions, harassment, and discomfort when breastfeeding in public.
Some recent examples of public breastfeeding controversies include:
- In 2022, a woman breastfeeding at a museum in New Mexico was harassed and told to cover up, despite the state law protecting public breastfeeding.
- In 2021, a woman was shamed by staff for breastfeeding at a restaurant in Texas, though a manager later apologized.
- In 2019, a woman was asked to cover up while breastfeeding at a mall in Washington state, which also protects public breastfeeding rights.
Even though their actions went against state laws allowing public breastfeeding, these examples demonstrate that nursing mothers still face stigma and obstacles in practice when feeding their babies in public spaces.
Public Opinions on Breastfeeding
Public opinions towards breastfeeding seem to be gradually growing more supportive, though discomfort and stigma still persist.
According to a 2022 survey by Pew Research Center:
- 93% of Americans say women should be able to breastfeed in public places
- Only 6% support requiring women to cover up when breastfeeding in public
- 54% of women who breastfed a baby reported receiving criticism for breastfeeding in public
So while public breastfeeding has growing acceptance overall, over half of nursing mothers still report receiving criticism, indicating there is still progress to be made.
Benefits of Normalizing Public Breastfeeding
There are many benefits to normalizing public breastfeeding, for both babies and mothers.
For infants, breastfeeding provides optimum nutrition and supports healthy development. The American Academy of Pediatrics notes that breastfeeding protects babies against infections, reduces risk for obesity, and lowers chances of asthma and SIDS.
For nursing mothers, having the freedom to breastfeed anytime, anywhere makes it easier to meet their breastfeeding goals. Research shows access to public breastfeeding leads to longer breastfeeding duration, helping mothers follow medical recommendations.
On a societal level, acceptance of public breastfeeding signals evolving attitudes towards women’s bodies and motherhood. And practically, it allows mothers to participate more fully in public life rather than feeling restricted.
Steps towards Normalizing Public Breastfeeding
To help make public breastfeeding more mainstream and accessible, many advise taking the following steps:
- Enacting state laws to protect breastfeeding rights if not already in place
- Educating the public on the benefits of breastfeeding and importance of supporting nursing mothers
- Encouraging positive media portrayals of breastfeeding
- Having clear corporate policies welcoming breastfeeding in retail locations and public venues
- Speaking up respectfully when witnessing mistreatment of breastfeeding mothers
With growing support, public breastfeeding may become accepted as a normal part of motherhood and infant care in the coming years.
The Bottom Line
While there is no outright ban, Idaho, Ohio, and Virginia have the least legal protection for mothers breastfeeding in public spaces. The majority of states now have laws reinforcing the right to breastfeed in public. However, stigma against public breastfeeding persists, and nursing mothers still report harassment and obstacles.
By enacting clear legal protections, educating the public, supporting mothers, and advocating for change, breastfeeding can become normalized for the health of both babies and mothers.
