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
3. Conversely, it can be assumed that no one would, wittingly,
approve laws which are unsound, that is, unsuitable for a democracy,
or untrue to the letter or spirit of the Constitution; or laws which
are unenforceable, that is, which are a mere gesture, calculated to
have a discretionary or educational effect on the public, but are not
intended for genuine execution; or laws which are inadequate, that
is, which do not permit the widest and speediest opportunity for the
largest possible number of people to have access to contraceptive
knowledge.
4. It can be assumed also, that in the effort to find a legislative
platform which the public and all who are specially interested in
the birth control movement can be asked to support, there should be
no provisions proposed which are based upon personal, organization,
or professional partisanship; that the platform should represent
only intrinsic merit, regardless of priority of effort, individual
reputation in leadership, or of professional prestige.
5. If all concerned will agree then, as to what _not to do_, they can
the more readily determine what _to do_.
6. The basic elements which all hold in common seem to be;
a. Recognition that contraceptive knowledge is not obscenity
and that it is all gain and no loss to remove it from that
classification in law, and that the demand for a clean legal status
for the subject is in itself a very valuable educational process
for the public.
b. Desire that all who need contraceptive instruction shall receive
it from the best possible sources, and through the best possible
channels. The best sources are generally conceded to be the medical
and biological scientists.
7. Point _a_ can easily and properly be achieved by legislation.
It involves only striking out “Preventing Conception” from all the
obscenity statutes, wherever they occur.
8. But point _b_ presents great difficulty if not impossibility of
achievement via legislation, _not, however_, via publicity and a
campaign of education.
Thus far no legislative proposal on this point _b_ has successfully
met any of the three tests named in the first paragraph of this
Memorandum as fundamental necessities.
They have either been class legislation, or permits for special
privilege, or have been unenforceable, or inefficient as means for
allowing the accomplishment of the desired aim.
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