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
So, if the final effect of this last proposed “doctors only” bill would
be about the same as the freedom bill, so far as access to information
is concerned, why go all round Robin Hood’s barn to achieve it, instead
of doing it directly and simply? Why try to fool oneself or anybody
else into thinking that any law can possibly be devised that will
allow many millions of people to learn certain facts, and which will
at the same time keep those facts a profound secret from the balance
of the people? Does not such a proposition seem to be the outcome of
mental processes somewhat akin to those of the man who cut two holes
in the barn door, a big one for the old cat and a little one for the
kitten?
Glance back to the changes in limited legislation which have been
proposed since 1881, when the first one appeared, long before the
modern birth control movement. It was in New York State, and it
permitted doctors to give any instructions (including by inference
contraceptive instruction) to “cure or prevent disease.” In 1919 began
the rapid succession of limited bills by which some of the legal bars
were to be removed. First doctors and nurses were to be allowed to give
information. Then the bars were thickened by eliminating the nurses,
leaving the doctors in sole possession of the special privilege. Then
to thicken the bars still further, the doctors could give it only to
the married or to those having a license to marry. Then came the first
Federal “doctors only” proposition, by which doctors could inform
other doctors and their “bona fide” patients, and dealers could fill
contraceptive prescriptions from doctors; but no publications or
importation of publications were to be allowed. Then, as the force of
criticism began to be felt, and the Cummins-Vaile Bill progressed to
the point of being reported out by the Senate Judiciary Sub-Committee
in Congress, the bars began to be thinned out again, and in 1925 the
Worthington draft appeared, which would permit doctors to inform
each other and their patients, and allow dealers to fill physicians’
prescriptions, and would also permit medical and “scientific”
publications, and “reprints” from the same. You find that these
legislative proposals have swung all the way from a tight “doctors
only” bill to a bill that is framed in the language of a “doctors only”
bill but which actually would not function as such.
Public-domain text, read in full here on John Shaqi.
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