Six midwives and three patients are suing the State of Hawaiʻi over a new law prohibiting birth workers without a specific midwifery license from providing maternal health care.
The lawsuit, filed Tuesday by the Center for Reproductive Rights and the Native Hawaiian Legal Corporation, claims the new law endangers traditional birthing practices and restricts access.
Advocates of the new licensing law say it does not prevent any licensed midwife from incorporating cultural birth practices, nor does it prevent families from choosing with whom they birth.
But, as plaintiffs argue in the lawsuit, this legislation results in the criminalization of Native Hawaiian traditional and cultural birthing practices — a right protected under the Hawaiʻi State Constitution.
The lawsuit is asking the court to stop the law’s threat of prison time and fines for midwives who train through traditional and apprenticeship-based pathways.
Two peaceful actions organized by the Pacific Birth Collective and Hawaiʻi Home Birth Collective will be held at the state capitol on Thursday and Friday.
Read the lawsuit below:
Listen and read more on Hawaiʻi's midwifery licensing laws from our past coverage:
