Court hearings have ended in a case challenging state restrictions on midwifery — but the judge's decision won't come for some time.
Six midwives and three mothers are suing the state over a law that requires midwives to get special licensing to operate. The plaintiffs say that the law makes it impossible for Native Hawaiian cultural practitioners to provide maternal care as traditional midwives, threatening reproductive autonomy in the state.
The state argues that it regulates many different industries to protect the health and well-being of residents and that midwifery is no different.
“We look forward to seeing the court's ruling and deciding next steps from there,” said Hillary Schneller, the lead lawyer from the Center of Reproductive Rights, one of the organizations representing the plaintiffs.
“Being here this week and listening to our clients and experts testify about their personal experiences and their efforts over years to keep both the private decisions protected and the cultural practices protected, actually hearing it through their voices, I thought was incredibly powerful," she continued.
The 2019 state law being challenged requires midwives to pass a program accredited by the Midwifery Education Accreditation Council or the North American Registry of Midwives. Neither specializes in Native Hawaiian cultural practices nor offers classes in the state.
When the law was enacted, it included an exemption for “birth attendants” that allowed people to continue to practice even without a license until mid-2023. That gave the state four years to come up with a new statute that would allow birth practitioners to legally offer maternal care.
But lawmakers did not pass a new law and instead let the exemption lapse, effectively making it illegal for anyone without a midwifery license to assist mothers during childbirth. People could face fines as high as $2,000 and up to one year in prison.
The lawyers will need to submit further paperwork to Judge Shirley Kawamura by next Monday.
If she grants an injunction, the midwives will be allowed to practice.
