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
CONTRACEPTIVES AUTHORIZED BY MEDICAL BOARDS
(Suggested tentatively by Sen. Cummins and others.)
This would be class legislation which is against American principles
and would rouse the antagonism of scientists who do not belong to the
medical associations, whose Boards would be given such jurisdiction.
CERTIFICATION BY THE DEPARTMENT OF MEDICAL AND CHEMICAL RESEARCH OF
THE NATIONAL PUBLIC HEALTH SERVICE
(Suggested at the Chicago Physicians’ Conference.)
This received less opposition than any other proposition to vest
authority in any group, but it was subject to more or less the same
objection that held in regard to the proposal to vest authority in
public officials or medical Boards.
MARGARET SANGER’S PROPOSED “DOCTORS ONLY” LEGISLATION
This is suggested Federal legislation by which the Obscenity Statutes
would not apply to doctors giving contraceptive instructions or
prescriptions to other physicians or to their bona fide patients, nor
to manufacturers and dealers in drugs who execute the physician’s
prescriptions. This proposition was disapproved on several counts.
_First_, because it leaves the subject of contraceptive science
still classed with obscenity.
_Second_, it is merely a permit to physicians to do what would be a
crime under the obscenity law, for anyone else to do.
_Third_, it would establish a medical economic monopoly of the
circulation of contraceptive knowledge.
_Fourth_, it would substantially deprive the medical profession
of the very opportunity it purports to provide, namely, to study
contraceptive science for the benefit of the public and the
perfection of methods.
_Fifth_, it does not make medical publishing on contraceptives any
more practicable than it is under the present law.
_Sixth_, it would not permit the importation of scientific
contraceptive data from abroad.
The conference took place before Mrs. Sanger had abandoned this form
of “doctors only” bill in favor of the form subsequently drafted by
Mr. Worthington, as described in the previous chapter. Some of these
criticisms are not applicable to the Worthington draft, but the first
and second ones do apply.
Testing out all these propositions in the light of Dr. Pusey’s
warning that the United States should avoid any more “silly” laws on
this subject, all but one are open to further objection in the ground
of wholesale unenforceability. The present protective section of the
Cummins-Vaile Bill is the least unenforceable, with its provision for
certification of methods by at least five licensed physicians. Under
that provision there would be relatively little temptation to evade
the law. But all the others would be more or less unenforceable, the
Sanger proposition most of all.
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