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 point has almost been reached when, by the removal of bar after
bar in the “doctors only” type of bill, one might say that “things
equal to the same thing are equal to each other,” inasmuch as the
last version of the “doctors only” idea would be practically the same
in effect as the Cummins-Vaile Bill, so far as the accessibility of
contraceptive information is concerned. That being the case, is not the
very fact that the limited bill proposition has been pared down till
it would release information about as completely as a freedom bill,
a most forceful reason for scrapping it now in favor of the freedom
bill? If the restrictions are so riddled with exemptions as to be only
the shadow and pretense of restriction, why go through the motions of
keeping them? If such pretension at restriction should fool anyone
into thinking they were genuinely efficacious, it would but serve to
make the law an arrant hypocrisy. If they would not so fool anybody,
why bother to try to put them into law? Is it not time to bear in mind
Dr. Pusey’s advice to avoid framing “silly legislation,” as we have
more than enough of that kind on the statute books already? Why add to
the welter of laws we have, when we can better achieve what we want by
merely subtracting errors from the existing laws. As “Life” observed:
Thirty-eight thousand eight hundred and forty-four laws were proposed
in the United States last year, of which 10,809 were actually
enacted. Our national sport used to be baseball.
Probably most if not all of the “doctors only” proponents would be
quite willing and even glad to have this subject removed from the
obscenity classification in law, if they could see a feasible way to
keep the “doctors only” provision at the same time. But that would
force them to propose a law that would frankly be a legal permit for
class privilege. It would be too obvious to attempt with decorum. So
they try to accomplish the same end by the indirect method of providing
exemptions for doctors under the existing obscenity statutes. But
just as a rose by another name would smell as sweet, is not a wrong by
another name just as offensive?
Public-domain text, read in full here on John Shaqi.
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