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
New York has a unique sort of post-script to its State law, passed
in 1881, eight years after the first law. The main statute (Section
1142 of the Penal Code) is of the most sweepingly suppressive variety.
The added provision (Section 1145) declares that “An article or
instrument used or applied by physicians lawfully practicing, or by
their direction or prescription, for the cure or prevention of disease,
is not an article of indecent or immoral nature or use.” Just how an
_article_ can have an immoral or indecent _nature_ has never been
explained. However, this section has within the last few years been
judicially interpreted to mean that the giving of contraceptive advice
by a physician to a patient who was diseased or seriously threatened
with disease is not an act of criminal indecency. And under this
interpretation a Clinic has been established in New York City by the
American Birth Control League. It is now (1926) in its third year of
service and reports that during its first year it gave contraceptive
instructions to 3000 patients. Similar service is creeping gradually
into a few of the New York Hospitals, but it is being rendered quietly,
indeed almost furtively, so pervasive is the effect of the general
legal taboo. As recently as 1919 thirty of the chief hospitals in the
city officially stated that no preventive instructions would be given
even to seriously diseased women.
These prohibitions, in the 24 States where they exist, are a part of
the _obscenity_ statutes, just as is the case in the Federal statutes.
They appear under such headings as “Obscene literature” and “Indecent
Articles.” In California the prohibition comes under a general
chapter heading,—“Indecent Exposure, Obscene Exhibitions, Books and
Prints, Bawdy and Other Disorderly Houses.” None of the laws define
contraceptive information as, per se, obscene, indecent, immoral, lewd,
lascivious, filthy, or any of the other revolting things named in the
statutes, but they list it along with these things, in most cases there
being no more separation from them than that which a comma affords.
Section 102 of the Federal law makes a still closer connection of
idea, for it prohibits “importing, advertising, dealing in, exhibiting,
or sending or receiving by mail obscene or indecent publications
or representations or means for preventing conception or producing
abortion, or _other_ article of indecent or immoral use or tendency.”
This knowledge is thus definitely classed as one among “other” things
of indecent or immoral use.
Science and indecency are in fact hopelessly jumbled in the whole
mass of law affecting this subject. There is not the slightest
differentiation between what is scientific truth,—a part of the
world’s store of knowledge, and things which are the expression of
sexual depravity and perversion.
Public-domain text, read in full here on John Shaqi.
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