Documentary “Arrest the Midwife” chronicles the work of three midwives of New York and their targeted prosecution. [SXSW]

The things we do to women. For centuries, at least within Western societies, women are considered pillars of their communities while also being second-class (or lesser) citizens. Their rights to vote, to own property, to be more than their father’s to trade or barter, is a modern adjustment. So much so that the DEI boogeyman, the one that refers to diversity, exclusivity, and inclusion, includes women, as well. With noses so frequently turned up at history books that explain things like the four waves of Feminism, the Suffrage Movement, and all the ways in which women’s issues (health and psychology) have been viewed as little more than hysteria, look to the 2004 comedy Anchorman: The Legend of Ron Burgundy which makes a meal of a sole woman being hired to anchor the news. Ron’s the butt of the jokes, folks. And, yet, culturally, socially, and, yes, legally, women are too often minimized and penalized for their contributions (when “given permission” to contribute). Having its world premiere in the Documentary section of SXSW is director Elaine Epstein’s (Gender Rebel) Arrest the Midwife, a film that centers three New York midwives under targeted persecution by the N.Y. legal system for serving their communities using skills that have been passed down for generations.

In the United States, there are two certified versions of midwives: a Certified Professional Midwife (CPM) and a Certified Nurse Midwife (CNM). The former refers to people who have extensive hands-on training and experience, while the later have advanced degrees including nursing training and a Master’s Degree. Thirty-seven states allow for CPMs to practice and, for the three midwives at the center of Epstein’s documentary, Liz, Melissa, and Lissa, New York state is not one of them, making their actions, however well-intentioned, unlawful.

Midwife, Lissa Horning, feeding sheep on her farm in the Finger Lakes, NY in ARREST THE MIDWIFE. Photo Credit: Naiti Gámez. Photo courtesy of SXSW.

To make her point, Epstein uses a mixture of talking head interviews, live-captured footage of the midwives at work, general footage following of them in their lives and respective communities, and animated materials that serve to explain historical record. All of this is, of course, structured around the larger story of the legal battles facing these three women and the impacts on their communities. For the most part, Epstein’s work is typical of a documentary, but that doesn’t make it any less evocative or urgent. One cannot argue that what these three women are doing is unlawful, but the same was said of those seeking, having, or providing services for abortions prior to Roe v. Wade once the medical procedure became a hot button topic by the Moral Majority. That is to say — and it’s pointed out in the documentary — that just because something is unlawful, doesn’t make it unethical, immoral, or unnecessary to those in need of medical treatment. The original role of the midwife in the delivery process started prior to the advent of the hospital system and has been a centuries-long tradition across cultures and countries. This point (of the battle between midwifery and the hospital system) is made excruciatingly poignant as details surrounding Lisa’s specific case come to light and the way she’s being scapegoated by the hospital one of her patients was admitted to during a particularly difficult delivery. Adding to support the notion of the significance of a midwife as a community member, Epstein — with the permission and assistance from the Amish and Mennonite communities of New York and Pennsylvania — captures appointments and services that Melissa and Lissa provide, as well as events gathering support for Liz that mean bringing together groups of the communities she has assisted. How much on the wrong side of things do you have to be when the Amish and Mennonite communities, who generally stick within their own areas and forgo technology, are shown in the documentary coming out to court rooms to support their caregivers?

Where the film struggles in making its point, or, at the very least to keep its audience locked in, is in the flow of information. It’s unclear at what point in time the story begins and ends, with the laying out of significant data points left to inference at the start and made concrete well into the film. It’s an interesting storytelling tool for a narrative to feature characters who talk naturally and don’t provide excess exposition to set time, place, or relationships, especially in the cold open, but, in the case of Arrest the Midwife, understanding that the film takes place in New York and Pennsylvania is significant to understanding why some things are lawful vs. unlawful quite early and it’s a fact made clear a tad too late. There’s also some confusion as to the timeline regarding what we’re seeing as the larger story narrows to focus on each of the midwives, meaning that we can’t tell where in the chronology we are as it relates to each one. This matters in the sense that the details of the accusations against each one are directly-related to their work, therefore, it helps the audience to understand where Melissa and Lissa’s cases fit within the chronology of events separate from Liz’s who clearly is the catalyst for the others’ cases. This doesn’t so much diminish the message of the film so much as create a sense of disorientation that could be rectified by displaying dates or providing text to convey whether a time jump has occurred relative to the other events as presented. Each one is connected, but it’s difficult to get a sense in a post-2020 world where these events cross paths and the details matter. The details are what determine whether or not these three midwives, under the accusations made against them, are criminal within the court of law. As such, the details presented within the story need to be equally immaculate in order to provide the resonance the film seeks and the story deserves.

Regardless of its issues, its strengths are undeniable. While one can look at the laws for any country and see them as guidelines and guardrails to protect society, another perspective forms with the more information one gathers about precedent: laws are defined and shaped by those in power, not the ones who require protection. The laws which determine which types of midwifery are lawful or not often are guided by the hand of the medical industry, which, one presumes to have all the best intentions in protecting patients until one realizes that all patients are cash pumps. Ask anyone who’s had to spend months correctly a billing issue with a doctor’s office or fighting with an insurance company for coverage of a procedure or medicine. The human touch is lost in the industrialization of medicine, which is what Arrest the Midwife comes down to at the core. These three women are, literally and with evidence presented, targeted by law enforcement for the crime of providing medical services to those who need it. Are their actions unlawful? As determined by New York State, yes. But does that mean that they should be? It’s a powerful question made via an ultimately compelling presentation by Epstein and her team. Especially now as more and more civil rights are being stripped away from marginalized groups, it’s likely not long before items like the 19th Amendment are going to be under fire as merely an extension of DEI. Epstein’s Arrest the Midwife is another example of the complexities that occur when the law is, itself, unethical or immoral in the face of common sense.

Screening during SXSW 2025.

For more information, head either to the official Arrest the Midwife SXSW webpage or film website.

Final Score: 3.5 out of 5.



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