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
Suppose, for the moment, that you feel so strongly about the
desirability of both those ends that you are inclined to favor any
legislation which is aimed to achieve them. Then bearing in mind the
basic requirements of enforceability and efficacy, you scan with a
fresh eye and a responsible spirit the legislation which has been
proposed. You find in it two principles, one that all contraceptive
information and means which are circulated shall bear authoritative
medical certification that they be “not injurious to life or
health,” that is, the certification shall be by lawfully practicing
physicians; the other principle, that contraceptive information may
lawfully emanate only from a certain class of the people, the medical
profession, and be given only to people who qualify in certain ways,
that is, those who are physicians or those who receive it personally
from physicians as “bona fide” patients of the same, and that
contraceptive means may be sold only to those who personally present a
physician’s written prescription for the same.
These two principles you find are very far apart. One requires medical
sanction for methods, as somewhat of a protection to the public
against harmful or fraudulent contraceptives, and while it by no means
guarantees wholly satisfactory protection, as it would be subject to
the possible inadequacies of the certifying physicians, it would be
at least enforceable, and it establishes untrammelled freedom in the
access to information and the securing of means.
The other is class legislation, and establishes a monopolistic,
monetary privilege for physicians in the dispensing of information and
an impracticable restriction upon those who sell contraceptive means:
in so doing it by no means guarantees protection against harmful or
inadequate contraceptives, as it would protect only to the extent that
individual physicians were competent and conscientious, and it would
be even less enforceable than our present law. For if information
now leaks through the bars of the present law to a very considerable
extent, it stands to reason that the leakage would be greatly increased
if the bars of the law are lessened at all, and if the bars are placed
very far apart as they would be by the latest “doctors only” bill
proposed (the Worthington draft as given on page 212) the leakage would
be so great as to reduce the efficacy of the bars to the vanishing
point. It would be patently absurd to expect such a sieve-like law to
allow all the worthy people to get information and to keep it away from
all the unworthy ones, or even any tiny proportion of the unworthy ones.
Public-domain text, read in full here on John Shaqi.
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