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
It was known that there were many members of the Academy who were not
accurately represented by this decision, and who did want the subject
removed from the obscenity statutes, instead of merely permitting
physicians to infringe the law without being subject to penalty; indeed
some of the more prominent of the twenty-nine members of the Health
Committee had previously signed the statement of endorsement which
constituted the platform of the Voluntary Parenthood League, and which
contains the following paragraphs:
We desire to help in supporting a body of public opinion, which will
lead to so amending the Federal and State laws that it will not be
a criminal offense to give out information on the subject of birth
control, and that such information will not be classed with obscenity
and indecency.
We believe that the question as to whether or not, and when a
woman should have a child is not a question for physicians to
decide—except when a woman’s life is endangered—or for the clergy
or for the State legislators to decide, but a question for the
individual family concerned to decide.
For these reasons the Health Committee was asked to reconsider, but
declined, although some of the members as individuals expressed
sympathy with the broader aims of the freedom legislation.
A few months later, the new protective clause of the Cummins-Vaile
Bill, or at least the fore-runner of it, was formulated. This was to
provide a separate statute, quite apart from the obscenity sections, to
the effect that “no printed information as to methods of preventing
conception and no ingredients compounded for the purpose of preventing
conception shall be transportable through the mails or by any other
public carrier in the United States except such as bear endorsement
by duly licensed physicians or public health authorities.” It was
thought by the officers of the Voluntary Parenthood League that such an
addition to the bill would meet the views of those who wanted medical
restrictions for the sake of protection to the public, at the same time
that it was not class or privilege legislation, and it was consistent
with the main part of the bill by which the subject was removed from
the obscenity laws. So once more the Health Committee of the Academy
of Medicine was asked to consider. The answer this time was that the
Secretary did not “believe that the Committee would care to take up
the matter of amendments anew.” In conversation later the secretary
said that it was not the function of the Committee “to determine exact
legal phraseology, but merely to express broad principles” which they
had sufficiently done previously, when they adopted the report of their
sub-committee. He did, however, express his own interest in the fact
that the League seemed to have “come around” to the view of the Academy
Committee. He evidently did not grasp the wide difference in principle
and see that the Academy Committee recommendation would establish a
Public-domain text, read in full here on John Shaqi.
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