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
In getting at an answer to the question as to what sort of laws are
really wanted, it clears the air considerably to get rid of this point
about the distinction between a law which prohibits an act and a law
which prohibits _information about an act which in itself is perfectly
lawful_. The latter is the sort of law we now have, and it is not good
law either for those who believe in the control of conception or for
those who do not. Both groups should join to repeal it. And then those
who wish to have their belief that birth control is wrong incorporated
into the law of the land would have an open field in which to make the
effort. That they would fail is a foregone conclusion, and they know
it of course, which no doubt accounts for their rash insistence on the
retention of the present law.
The next point to eliminate is that in regard to the application of the
present law to the _one method_ of birth control which is sanctioned by
the Catholics and the few others who deem the utilization of scientific
knowledge an affront to God or nature, namely, abstinence from sex
relations. The writer has a letter from Rev. John A. Ryan, Director
of the National Catholic Welfare Council in which he says, “There is
no question of the lawfulness of birth restriction through abstinence
from the relations which result in conception.” This assertion has been
repeatedly made by other opponents, but that it is a mistaken assertion
was pointed out by Congressman Vaile and by Prof. Roswell Johnson at
the Hearings on the Cummins-Vaile Bill. Mr. Vaile said: “If abstinence
from the sexual relation were practiced, either spouse could get a
divorce.” Abstinence itself is not sanctioned by law.
According to common law precedent, the wife gives her “services” to her
husband in exchange for her “necessaries.” “Services” are interpreted
to mean household services and “consortium,” or sex-relations.
“Necessaries” are interpreted to mean food, clothes and shelter.
The law does not sanction a wife’s withholding her “services,” either
household or sexual. If she does, it is deemed desertion, and in many
States desertion is a ground for divorce.
Thus it seems that abstinence is not only illegal, because it is a
method of birth control, the giving of information about which is
prohibited by law, but it is also illegal because it is withholding
the “services” which a wife is by law bound to give in return for her
“necessaries.”
In other words, so far as the law is concerned, there is no room for
abstinence. It follows therefore that the only sort of family which is
_legally_ approved in these United States is that in which there are as
many children as it is physically possible for the parents to produce.
This legal situation constitutes a downright poser for the so-called
“purists” who advocate the abstinence of marital sex relations except
for procreation.
For abstinence is one method of birth-control. It certainly prevents
conception.
Public-domain text, read in full here on John Shaqi.
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