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
To add to the mess, the laws link contraceptive knowledge so closely
with instructions for abortion that in some of the statutes there is
not even a comma between the two. In California the prohibition of
contraceptive information occurs in a statute entitled “Advertising to
produce miscarriage.” Of course the two ideas are actually separated
by an abyss that has no bottom. To control the inception of life must
forever remain a fundamentally different thing from the destroying of
life after it exists. Abortion may be birth control, but birth control
is not abortion.
Just here it may be well to state precisely what is meant and what is
not meant by the term birth control in its modern application. _It
means the conscious, responsible control of conception. It does not
mean interference with life after conception has taken place, but
consists solely in the use of intelligence and scientific hygienic
knowledge to determine the wise times for conception to occur, and
to limit the possibility of conception to those occasions._ It seems
unfortunate that the term birth control was ever popularized, for the
more correct term is conception control. However birth control has
now become an accepted part of the language, and it is less and less
misleading as time goes on.
Another extraordinary factor in our laws regarding this subject is
that (with the absurd single instance of Connecticut) the act of
controlling conception is nowhere declared a crime. It is only _finding
out how_ conception may be controlled that constitutes the crime. To
regulate the incidence of parenthood and the growth of one’s family
is a perfectly lawful procedure. Having once secured the knowledge,
which act is unlawful, one may then lawfully utilize it ad infin. The
preposterousness of such a principle as a basis for law is satirically
set forth in an article in the _Birth Control Herald_[2] (Jan. 12,
1923) from which the following is quoted:
The futility as well as the hypocrisy of standing for laws that make
it a crime to secure knowledge which it is not a crime to use after
it is secured, shows up beautifully if one applies the idea to some
other phase of scientific knowledge than that concerning the control
of conception. Take for instance the principles upon which the
mechanism of the automobile is based.
Fancy some obfuscated back-number in Congress, with a violent
personal prejudice against the whole notion of automobiles, and who
might love to make eloquent speeches about how man was intended by
God to be a horse-drawn creature, that come what might, he himself
would go about in his own victoria behind his own span of noble
steeds; and that moreover he would do his utmost to see to it that
everyone else should likewise adopt what he considers Nature’s true
plan for transportation,—the horse.
Public-domain text, read in full here on John Shaqi.
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