Native Hawaiian cultural practitioners are again able to do traditional midwifery.
That’s after the First Circuit Court of Hawaiʻi put a temporary injunction on a state midwifery law.
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 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.
Hillary Schneller, a senior staff attorney at the Center for Reproductive Rights, explained that the court’s temporary injunction will allow the plaintiffs to begin practicing midwifery immediately.
"Our clients and others have been prevented from serving their communities for over a year," she said.
"So this court order is a real game changer that will allow our clients as of today to resume caring for their communities and allow pregnant people more choices with where and with whom they birth, including with their trusted midwives."
Schneller added that the Hawaiʻi court decision could help bolster other midwifery cases in other states.
"There are many states that severely restrict the practice of midwifery across the country," she said.
"I think this case absolutely paved the way to strike down those harmful restrictions. The court really did recognize the real problems with Hawaiʻi's midwifery restriction law, which are similar to restrictions across the country."
The state can appeal the court’s decision, but the case will continue to trial to determine whether the law should be scrapped altogether.
