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 Record reveals the fact that the first draft of the bill contained
the following exemption after the prohibition of all information as
to the prevention of conception or as to abortion, “except from a
physician in good standing, given in good faith.” Why this exemption
was later omitted does not appear in the Record, but its original
existence proves that there was at least some glimmering of realization
somewhere that a wholesale prohibition was not the aim of the statute.
There is wide spread evidence that present day public opinion would not
be at all satisfied with any such exemption, even if it had been left
in the bill, because contraceptive knowledge is part of general hygiene
and education, and not a physician’s prescription as for disease,
though of course the knowledge emanates naturally from the professional
scientists who have made a study of this subject.
A little sober forethought would not only have spared the country from
the unique disgrace of this careless legislation, but it would to a
considerable extent have spared the country from the need for a birth
control movement,—an advantage of no mean proportions!
Not one of our Senators is in Congress now who was in Congress then,
not even the most venerable of them, but it would seem that the least
which this present Congress can do is to redeem the record of their
predecessors with all possible grace and speed.
The Comstock bill was introduced on February 11, 1873, passed by both
Houses and signed by President Grant before the close of the session on
March fourth.
The chronology of the history of the Bill in both Houses is very brief.
There was practically no discussion on the subject matter. There were
no speeches delivered, until _after_ the bill was passed. The measure
was granted unanimous consent action in the Senate, and was passed
under a suspension of rules in the House. There was no roll call on the
passage of the bill in either House. It slipped under the wire for the
President’s signature on the very last day of the session. And Comstock
went home happy.
The sequence of events was as follows:
The bill was sponsored in the Senate by Senator Windom of Winona,
Minnesota, and introduced on February 11th. The measure was referred to
the Committee on Post Offices and Post Roads, and reported out without
amendment two days later, on February 13th. No public hearings were
held.
Public-domain text, read in full here on John Shaqi.
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