Birth control laws : $b shall we keep them, change them, or abolish themDennett, Mary Ware
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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
To teach any method for the prevention of conception is prohibited by
law throughout the United States. Yet the “purists” teach their method.
Therefore the “purists” are guilty of breaking the law. Query: Why
are they not prosecuted? This question then becomes a poser for the
government. Silence has been the only answer.
This leads to the next point to be cleared away, in the process of
finding out what laws are really wanted or what ones it is worth while
to want; that is, as to enforceability. Clearly the present laws are
not enforced. The government has not the remotest idea of trying to
enforce them. And if it tried, it would fail. It might mean jailing at
least half the population. It simply can not be done. The knowledge
is circulating whether or no. The cat is out of the bag, and it is
quite useless to wave the empty bag any longer, as if somehow the cat
could be persuaded back. Better cast the old bag aside, as it is full
of holes anyway, and let the cat be given a decent home, instead of
being obliged to skulk furtively in alleys and eat from garbage pails.
Moreover it is a cat that has not only the proverbial nine lives, but
more nearly ninety million lives. It can not be caught or killed, much
less bagged. Do you, or does anybody really want unenforceable laws?
The question answers itself.
If the principle of enforceability is a prerequisite for law, and
if the present law is abandoned because it does not live up to that
principle, is anything more needed than merely to put the old law
in the waste basket, in other words, just to remove those two words
“preventing conception” from all the obscenity statutes in which
they occur? Is any further legislation needed? And if so, is there
any sort which, first of all, meets this fundamental requirement of
enforceability, and which also will achieve the ends for which it is
desired? And if those ends are not achievable by laws which can be
enforced, then they will have to be achieved, will they not, by some
other agency than law?
The two ends to be achieved for which other legislation has been
proposed are, first, that only authoritative scientific contraceptive
information shall be given to the people, and second, that all
information on the subject shall be kept away, so far as may be
possible from those who would misuse it, or who might be tempted
to misuse it, so that immorality and depravity may not be thereby
increased.
Public-domain text, read in full here on John Shaqi.
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