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
The simplest way to reach a conclusion about this law question would
seem to be by elimination. First then—do you want the laws related
to birth control to remain as they are now? Do you approve the legal
company the subject is in—under such law classifications as “Obscene
literature,” “Indecent articles,” and entangled with such adjectives as
“lewd,” “lascivious,” “filthy,” and “immoral”? No? You wish it rescued?
Then the bill to repeal those two words “preventing conception” from
all the obscenity statutes is what you want.
But wait—it may not be so simple as that. How about those who do feel
that the control of conception is more or less indecent, the people
who have somewhat Comstocky minds, to whom _any_ reminder of sex is a
danger? Are they anything like a majority. If so, would you want to
let the laws remain as they are in deference to their feelings? Though
no one can prove it, they are probably nothing like a majority, but
even if they were, should the normal, clean-minded people be penalized
for their sake? And further, is it the proper function of government
to maintain laws to protect people’s _feelings_ about sex or anything
else? Those who want to may feel as indecent as they please about
the control of conception. They do not need laws to help them do it.
The function of law is to protect people’s rights. As no one’s mere
feelings are an intrusion upon another’s rights, it is no concern of
the law to deal with them. The laws as they stand now are a gratuitous
insult to the great mass of the people who do not consider the control
of conception indecent. Do you want that legal insult maintained?
Then how about those whose chief interest in the control of conception
is in connection with actual sex depravity and perversion and who wish
the information for that purpose? Do you want the obscenity laws to
remain as they are, for the sake of trying to make them apply to those
people? Hardly, because they are undoubtedly a small minority anyway,
and they are quite clever enough to break the laws successfully,
besides; and further, any circulation of contraceptive information
which is put in indecent language or involved with inducements for sex
depravity would be just as subject to prosecution under the obscenity
laws _after_ the removal of the words “preventing conception” as it
is now. The indictment would be for _obscenity_, and that can cover
improper contraceptive information or anything else that the judge or
jury in a given case choose to make it cover. Obscenity, throughout
the whole history of law in modern times has been an extraordinarily
pliable term.
Is there then any propriety or justice in keeping this subject per se,
legally enmeshed with penalized obscenity? If you agree that there is
none and if you want it removed from the obscenity laws, what next?
Public-domain text, read in full here on John Shaqi.
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