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
Dr. Udo J. Wile, Professor of Dermatology and Syphilology, University
of Michigan, wrote, “I trust nothing will come out of the conference
which will confuse the main issue, namely to get the Cummins-Vaile
Bill passed. It appears to me that the matter under consideration
(protective legislation) is of minor importance.
“James F. Morton (lawyer) said that all the ‘doctors only’ laws would
be unconstitutional anyhow, and that the only legislative choice lies
between the present abominable, unenforced and unenforceable laws and
complete freedom of access to knowledge.”
Below is given a résumé of all the chief legislative proposals to
protect the public from harmful and fraudulent contraceptives, and
the reasons why they were turned down by the conference, and were not
considered as material to be recommended for the Cummins-Vaile Bill.
CERTIFICATION OF CONTRACEPTIVES BY FIVE LICENSED PHYSICIANS
The protective section as it now stands in the Cummins-Vaile Bill
reads as follows:
“The transportation by mail or by any public carrier in the United
States or in territory subject to the jurisdiction thereof, of
information respecting the means by which conception may be
prevented, or of the means of preventing conception, is hereby
prohibited except as to such information or such means as shall
be certified by not less than five graduate physicians lawfully
engaged in the practice of medicine to be not injurious to life or
health.”
The doctors themselves consider this a weak and unreliable safeguard
because, unfortunately, medical opinions can be too easily secured.
The certification might therefore in many instances be meaningless.
Dr. W. A. Pusey, President of the American Medical Association, in
this connection said:
“We are only human. So large a body as the medical profession would
be bound to contain some undesirables.”
CERTIFICATION BY BOARDS OF HEALTH
(Suggested by Sen. Spencer and others.)
Government health officials are not, as such, necessarily well
informed as to the merits or demerits of contraceptives. A few might
happen to have valuable judgment, but merely being a public official
would be no guarantee.
There is wide-spread disapproval of anything that smacks of “State
medicine” or governmental administration of the practice of medicine.
CERTIFICATION BY CITY HEALTH COMMISSIONERS
(Suggested by one of them.)
He admitted, however, that he had very little reliable information
on this subject. Although a physician, he turned to a layman
(the Director of the V. P. L.) for advice as to the best sources
for knowledge about contraceptive methods. If one of our best
known Health Commissioners could be but a beginner in this study,
their group would hardly seem the right one to be given exclusive
jurisdiction as to the circulation of contraceptives.
Public-domain text, read in full here on John Shaqi.
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