Through my legal career, I have felt some rooms were closed to me as a woman, despite the narrative of change in the profession.
But court rooms cannot be arbitrarily closed to breastfeeding women. It’s against the principle of open justice, which has long been protected at law.
Thursday’s eviction of a woman from court for breastfeeding, is a sad and clear reminder that the law, and our justice system, still privileges men, and shuts some women out.
I am a lawyer on parental leave and am breastfeeding my two-month-old son.
For anyone who hasn’t breastfed before – it can be a vulnerable time, often exposing your body in public, getting occasional curious or hostile glances, and sometimes accompanied by pain.
Babies are also unpredictable and get hungry on their own schedule that can’t necessarily be controlled by a parent, let alone the preferences of a judge or court.
When my son was born, he fed 10-12 times a day. At two months, we’re at an easier 7-8 times a day.
If I had to access the court system and didn’t have someone who could care for him, I’d have to make an unenviable decision about feeding my son or attending a court hearing, if the approach taken by Justice Gamble continues.
Tragically we know that pregnancy sees a rise in family violence for so many women, so ensuring our court systems are open and accessible for women with babies is absolutely crucial.
In my job, I fight everyday for access to justice for people experiencing or at risk of homelessness.
There are already so many barriers already for this group in accessing the law and justice, that to bar breastfeeding women from our courts would serve to further disadvantage our female clients and their young children.
In Australia, the principle of open justice is key to transparency and confidence in our legal system. In Victoria, the Open Courts Act (2013) enshrines and protects this principle and governs when a court may not be open.
Every Victorian has a right to be in a court unless there is a valid reason under law that the court must be closed or certain people excluded.
To arbitrarily close courts to breastfeeding women is to undermine this very core of our legal system.
It erodes open justice for an outdated notion that women’s bodies are a distraction.
The judge’s claim that breastfeeding is a ‘distraction’ for jurors skates far too closely to the now laughable view that short skirts cause car accidents.
To preserve open justice and access to justice, women must be able to breastfeed in all public places including in court.
I sincerely hope that the Chief Justice makes a statement reassuring the community that breastfeeding women are welcome in all courts.
To fail to do so would be to risk both access to justice for women with young children and the very principle of open justice.