A Hawaii judge has issued a temporary injunction preventing the state from enforcing a law that mandates the licensing of practitioners and teachers of traditional Native Hawaiian midwifery. The law, enacted in 2019, aimed to regulate midwifery practices by requiring licensure for individuals providing care during pregnancy, labor, childbirth, and the postpartum period.
The lawsuit challenging the law argues that it could subject a wide range of individuals, including midwives, doulas, lactation consultants, and even family members, to criminal penalties. Plaintiffs contended that the law could hinder their ability to provide traditional Native Hawaiian birthing services.
During a recent hearing, plaintiffs testified that the law compelled them to seek costly out-of-state licensing programs that did not align with Hawaiian cultural practices. The judge's ruling emphasized the protection of Native Hawaiian customary rights enshrined in the Hawaii constitution and highlighted the importance of preserving traditional customs and practices.
The ruling temporarily prohibits the enforcement of penalties against those practicing traditional Native Hawaiian healing practices related to prenatal, maternal, and child care. It also underscores the need for a council to recognize traditional Hawaiian birthing practitioners.
While the injunction allows traditional Native Hawaiian midwives to resume caring for families without fear of prosecution, it does not impact the regulation of midwifery in general. The case is expected to proceed to trial to determine the law's permanent status.
The state attorney general's office has not yet commented on the ruling. The ongoing debate over regulating traditional healing arts in Hawaii reflects a broader discussion on preserving cultural practices that predate the state's establishment.
