Kahoʻohanohano Midwifery & Traditional Birthing Practices Litigation Settled
As a result of litigation and legislative advocacy, Native Hawaiian practitioners can now train and engage in traditional birthing practices without fear of criminal penalties Today, the state of Hawai‘i agreed to end a case brought by the Center for Reproductive Rights, Native Hawaiian Legal Corporation (NHLC), and the law firm Perkins Coie. The case challenged a law that restricted midwifery in the state, preventing pregnant people in Hawai‘i from using skilled midwives and traditional birthing practitioners for their pregnancies and births, as they have for generations, and threatening Native Hawaiian traditional birthing practices with criminal liability. The lawsuit shed ...
What is the midwives case about that protects cultural practitioners?
By Kirsha K.M. Durante, NHLC Litigation Director Earlier this year, NHLC, together with a national nonprofit called the Center for Reproductive Rights and a law firm called Perkins Coie, filed a lawsuit challenging the Midwife Licensure Act under Hawaiʻi Revised Statues (“HRS”) §457J. NHLC participated to protect Hawaiian birthing practices, including pale keiki, hoʻohānau, and hānau that were being impacted by serious restrictions in the law preventing practitioners from practicing and families from receiving traditional care. As part of the case, our team filed a Motion for Preliminary Injunction which requested, in part, that the court block the State of ...
Court Rules in Favor of Native Hawaiian Midwives
Native Hawaiian midwives in Hawai‘i can resume caring for their communities Yesterday, a Hawai‘i state court temporarily blocked part of the Midwifery Restriction Law, which prevents pregnant people in Hawai‘i from using traditional midwives for their pregnancies and births, as they have for generations. The lawsuit was filed by the Center for Reproductive Rights, the Native Hawaiian Legal Corporation, and the law firm Perkins Coie on behalf of nine plaintiffs, including six midwives and student midwives, as well as three women who wish to access care from traditional midwives. Since July 2023, when this law went into effect, many ...
Hawai‘i Law Restricting Midwives Challenged in Court
Native Hawaiian midwives and others sue state to block law that prevents them from serving communities in traditional ways. Today, the Center for Reproductive Rights and the Native Hawaiian Legal Corporation filed a case in the First Circuit Court of Hawai‘i challenging a new Midwifery Restriction Law that is preventing pregnant people in Hawai‘i from using skilled midwives for their pregnancies and births, as they have for generations. The Midwifery Restriction Law also endangers constitutionally protected Native Hawaiian traditional birthing practices. The nine plaintiffs include 3 midwives and 3 midwifery students who, under the Restriction Law, could now face criminalization for ...
