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
On February 14th the bill was recommitted to the Committee on motion
of Senator Buckingham of Connecticut who thereafter took charge of the
bill on the floor. It came promptly back the next day, amended and
approved by the Post Office Committee, but neither the bill nor the
amendment was discussed. The writer has personally inquired whether
there is an official report on the bill in the files of the Post Office
Committee, and was told that there is none. Senator Buckingham asked
unanimous consent to take up the bill, saying, “I think there will be
no objection to it.” Senator Thurman of Ohio protested that it was too
important to vote on without deliberate investigation, and asked that
it go over. It did, for two days.
On the 20th, by unanimous consent the business of the “morning hour”
was extended for ten minutes to permit discussion of the bill. But
the discussion was remarkably unilluminating as to the merits of the
bill. Senator Buckingham offered an amendment which omitted the clause
providing exemption for contraceptive information on prescription of
a duly licensed physician, given in good faith. Two Senators asked
Senator Buckingham to explain the difference between the amended
version and the previous version. He evaded explaining.
Senator Hamlin of Maine urged that the measure be accepted as approved
by the Committee and “not to tinker with it on the floor.” Senator
Conkling of New York insisted that the bill be printed as amended, “in
order that we may know something at least of what we are voting upon.”
He said, “For one, although I have tried to acquaint myself with it, I
have not been able to tell, either from the reading of the apparently
illegible manuscript in some cases by the Secretary, or from private
information gathered at the moment, and if I were to be questioned
now as to what this bill contains, I could not aver anything certain
in regard to it. The indignation and disgust that everybody feels in
reference to the acts which are here aimed at may possibly lead us
to do something which, when we come to see it in print, will not be
the thing we would have done if we had understood it and were more
deliberate about it.”
When Senator Conkling thus cautioned the Senate to be careful in the
framing of the Comstock bill, he had what might be called almost
feminine intuition. For as history has conclusively proved, the Senate
did precisely that thing. It prohibited what it had no intention of
prohibiting,—the spread of scientific education of the wise spacing of
births in the human family.
But the warning was unheeded and there was no further discussion. The
next day, February 21st, the bill was called up and passed.
The history of the bill in the House is even more brief. On February
22nd a message was received from the Senate that the bill had been
passed and the concurrence of the House was requested.
Public-domain text, read in full here on John Shaqi.
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