Woman left humiliated after judge kicked her out for breastfeeding

A mother booted from a Victorian court for breastfeeding says she felt like she’d done ‘something terrible’ for nursing in public.

A mother booted from a Victorian court for breastfeeding says more education is needed in the community to ensure other women aren’t “shamed” for nursing their babies in public.

The woman spoke out again on Friday after she was left “horrified” by County Court judge Mark Gamble’s doubling down of his decision to eject her from his courtroom on Thursday.

Wishing to remain anonymous, she told the Herald Sun she had walked out of the court “feeling like she had done something terrible” after being asked to leave.

But she is not seeking a personal apology from the judge or the court.

“We’re not where we were 20 years ago, but this experience left me feeling that there is a lot more education needed on this issue,” she said.

“I don’t want any other mother to have to go through the overwhelming shame and humiliation that I experienced.

“That’s why I’m speaking out to raise awareness.

“It’s not just about me, it’s about all the other mothers out there who are struggling with breastfeeding and are not feeling supported.”

She said he should not have singled her out in the way he did for simply feeding her child.

His Honour Judge Mark Gamble

“There’s so many other ways he could have went about it,” she said.

County Court judge Mark Gamble on Friday addressed the attention his decision had attracted to eject a woman from the high-profile trial a day earlier.

As the jury was not in the courtroom when he asked the woman to leave about 12.05pm on Thursday, when the case returned on Friday morning, he raised it with the 15 jurors.

“It should all be self-explanatory, members of the jury,” he said.

“What I said was this, and I am reading from the transcripts: ‘Madam, you will not be permitted to breastfeed a baby in court. I’m sorry. I will have to ask you to leave. It will be a distraction for the jury at the very least. Thank you’.

“I’m telling you this because it is something that has attracted some media publicity, and I think you need to know exactly what it was that I said and why I said it.

“As I said a moment ago, I think that it is self-explanatory.”

He told them that they should not let his decision, or the media headlines, distract them from the important role they have in deciding if a person is guilty or not guilty.

“This is not something you will need to consider going forward,” he said, telling them to put it behind them and “focus on the issues at hand”.

Judge Gamble’s decision to boot the woman from his courtroom sparked outrage on Thursday.

He told the mother she was not permitted to nurse her baby inside his courtroom as it would be a “distraction” for the jury.

She left the room in tears, feeling humiliated and degraded.

A County Court Judge told her she was not allowed to breastfeed in the courtroom.

Former Olympic skier and politician Kirstie Marshall, who was asked to leave parliament when she began nursing her newborn two decades ago, joined women’s advocacy groups in criticising the shocking ejection.

Ms Marshall labelled Judge Gamble’s decision “both extraordinary and very disappointing”.

She said it would seem “we haven’t moved an inch” since she, when member for the Melbourne electorate of Forest Hill, was asked to leave the Legislative Assembly, when breastfeeding her 11-day-old baby, Charlotte, in 2003.

“I thought we, as a modern society, were well and truly past this,” Ms Marshall said.

Australian Breastfeeding Association senior manager Naomi Hull said mothers have a right to breastfeed their baby wherever they are.

“It’s against the law to discriminate against someone who is breastfeeding,” Ms Hull said.

“It’s extremely concerning that women are still being singled out in this way.”

Ms Hull said calling mothers out for breastfeeding was “frustrating, intimidating and can be really awkward.”

“You can’t predict when a baby is going to need to be fed,” she said.

The mother, who wished not to be named, exclusively told the Herald Sun she was “shocked” by the incident.

“I was made to walk past everyone,” she said.

“As soon as I was out of the courtroom I started crying. I was shocked. I felt degraded.”

She said she was in court to support alleged victims of child abuse when she was “singled out” by the judge.

Judge Gamble had interrupted the high-profile trial to tell the mother: “Madam, you will not be permitted to breastfeed a baby in court.”

He said that it would be a “distraction” for the jury who had the serious task of determining if someone was guilty or not guilty.

The woman claimed she had earlier asked a court security guard if it was okay that she bring her baby into the courtroom.

Kirstie Marshall was ejected from parliament in 2003 for having a ‘stranger’ on the floor of the house. Picture: Channel 7

She had also checked for any signs warning against breastfeeding.

“I sat in the corner, I had a blanket over him. I was breastfeeding to make sure he didn’t make noise,” she said.

“I was fully covered up.”

The woman said mothers “shouldn’t have to go to bathrooms to breastfeed”, noting that she breastfeeds in synagogue.

“As a breastfeeding mum, you are sacrificing a big part of yourself,” she said.

The incident brought back memories for Ms Marshall, who could relate to the mother’s feelings of shock, anger and humiliation.

She said she was “completely humiliated” when she was told off in parliament.

“I remember when I was in the chambers. My baby was making no noise, shoulders covered,” she said.

“I was seen as a female breastfeeding, not a member of parliament representing my constituents.

“I felt like all of my credibility evaporated”.

Shadow attorney-general Michael O’Brien, who used to practice as a barrister, said while judges had to regulate the courts he doubted anyone would be “massively distracted by a woman looking after a baby in the public gallery”.

“I’ve got to say, in my experience, people don’t get distracted by a lady breastfeeding in the public gallery,” Mr O’Brien said on Friday.

“It’s 2023 … hopefully this will be a bit of a learning experience for everyone.

“I suspect that the chief judges at the County Court will have a chat to all of his fellow judges as a result of this and hopefully we can have a little bit more of a modern outlook.”

Early childhood minister Ingrid Stitt has since slammed the County Court’s decision.

“It’s 2023, for goodness sake, and women should not ever be feeling that they can’t actually feed their child,” Ms Stitt said on Friday.

“It’s a human right to be able to care for your child and in 2023 I think it’s extraordinary that this has happened at all.”

Marshall with baby daughter Charlotte Louise outside Parliament House in Melbourne 24 Feb 2003.

Ms Stitt said there was no place for discriminating against mothers who breastfeed in public, but added it was up to the court to decide if Judge Gamble should be sanctioned.

“It’s a basic right for women to be able to breastfeed and there are provisions under the Federal Discrimination Act that protect their right to do so,” Ms Stitt said.

“This, ultimately, is a matter for the court, but I understand that the (Attorney General) will be taking up this issue directly with the courts.

“I think that the important message for Victorian women is that we support you and your right to be able to care for your children, and if that means that you have to breastfeed in a public building, then that is something that should be not only tolerated but, frankly, celebrated.”

The Herald Sun contacted the County Court, but it would not comment.

Strict rules apply to members of the public in courtrooms, including the prohibition of drinking, eating or using electronic devices.

Court-goers are also not allowed to wear sunglasses on their heads, and are urged to bow to the judge or magistrate on the bench when entering or exiting a courtroom.

But there are no specific rules on breastfeeding.

A legal source said courtroom rules are often left to the judge’s discretion.

“It’s classified as their courtroom so if they feel something may distract the case, they can make that call,” they said.

In 2018, the Herald Sun reported how a Supreme Court judge booted a woman from his court for wearing a burqa.

In that instance in, Justice Christopher Beale said: “I require anybody who comes into the court — and all are welcome — but anybody who comes into the court, for their face to be uncovered.”

The woman refused to remove her traditional garb and left.

Originally published as Woman left humiliated after judge kicked her out for breastfeeding