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
“You cannot safeguard the children on the public streets by turning
loose mad dogs, neither can you elevate their morals by making
it possible for them to sink themselves to the lowest levels of
degradation, by furnishing them with the facilities to do so.... I
shall be very happy to meet a representative of your League at any
time and show the laws in detail and the necessity for their existence
precisely as they are; and I can assure you that they will not be
changed either by the Legislature or by Congress.”
Again in the interview with Comstock by Mary Alden Hopkins, from which
quotation was made above, he responded to her question, “Do not these
laws handicap physicians?” by this reply, “They do not. No reputable
physician has ever been prosecuted under these laws.... A reputable
doctor may tell his patient in his office what is necessary, and a
druggist may sell on a doctor’s written prescription drugs which he
would not be allowed to sell otherwise.”
This is a baffling sort of mind to deal with. For either he did not
fully realize the meaning of the laws which he himself framed, or
else he hopelessly confused the actual wording of the laws with his
personal choices as to the people to whom they should apply. For
the Federal law as enacted by Congress and as it stands to this day
contains no exemptions or qualifications whatever, as to the giving of
contraceptive information. It is just as criminal for a conscientious
doctor to send needed contraceptive instructions to a patient, as
for a sex pervert to send an advertisement of contraceptive means
with his depraved literature. And in the District of Columbia and
in at least seventeen States it is just as criminal for a reputable
doctor to instruct a patient, even verbally in the privacy of his own
office, as it is for any low-minded person to peddle pornographic
stuff containing contraceptive directions. The language of these laws
is perfectly plain; they are flat, sweeping prohibitions and apply to
everybody alike. It would seem almost incredible that Comstock should
have dared to assert that they did not forbid physicians, or to assume
that because neither he nor the government officials chose to enforce
the laws on all offenders, that the laws, therefore did not apply to
all offenders. But perhaps his mind was so focussed on the fact that he
had not himself prosecuted any physicians whom he considered reputable,
that he assumed the impossibility of their being prosecuted by any one.
Public-domain text, read in full here on John Shaqi.
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