Birth control laws : $b shall we keep them, change them, or abolish themDennett, Mary Ware
History
Birth control laws : $b shall we keep them, change them, or abolish them
Dennett, Mary Ware
Birth control; Birth control -- Law and legislation -- United States
We sympathetically recognize the fact that, under the existing
Congressional system, _thorough_ consideration for all bills is a
physical impossibility for the individual Congressman, no matter how
conscientious he may be; also that group consideration in Committee
or by the whole House, is subject to great limitation.
For these very reasons we ask that, as practicable procedure, a
decision on this bill be arrived at by the above suggested method of
informal discussion, with us and with other committee members, one by
one, as leisure moments during House sessions permit.
Just as we sympathize with you in your impossible legislative
obligations, we assume your sympathy with us, a group of
representative citizens, who after nearly six years of effort, are
rightly asking action from the only body that can give it. So we ask
your tolerant and cooperative reception of the memoranda of single
points which will be presented to you in sequence during the next ten
days.
The first one is given herewith, namely, the marked article in
the enclosed paper, showing that the main principle involved in
the Cummins-Vaile Bill has been previously well argued by two
distinguished members of the Senate Judiciary Committee.
(The enclosure was a copy of the Birth Control Herald of January 20,
giving excerpts from the arguments of Sen. Borah and Sen. Stanley on
suppressing information about betting. See Appendix No. 13.)
February 7, 1925.
_POINT TWO._—Constitutionally guaranteed, old-fashioned American
liberty is the issue in the bill. “Birth control” is not. The latter
is properly a question for individual decision in private life. The
bill simply removes the legal barrier to knowledge as to what birth
control may be. In other words, it is a question of freedom of speech
and of the press.
Members of the Judiciary Committee are credited with judicial minds,
and the ability to disassociate relevant from irrelevant argument.
Much of the previous discussion, both informally and at the two
Hearings, has been irrelevant; i.e., about birth control.
The few facts which constitute the relevant arguments, have, so far
as I know, never been denied by any member of the Committee.
February 9, 1925.
_POINT THREE._—No law exists which defines information as to the
control of conception as, per se, obscene, indecent or in any way
immoral.
This information therefore should not be legally classed with
penalized obscenity, indecency and immorality. The Cummins-Vaile Bill
removes it from this classification. But the bill leaves the five
statutes in question, amply empowered to suppress any particular
instance of this information, which is given in a way that warrants
judicial decision that it is obscene, indecent or of immoral import.
Public-domain text, read in full here on John Shaqi.
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