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
This series of bills beginning in 1921 initiated a marked change in
the policy of the legislation. Instead of a straight repeal act,
limited bills began to appear, that is with qualifications which would
restrict those who could give contraceptive information to certain
groups only, and those who could receive it to certain classes only.
And another very striking change appeared also, namely that the subject
of the control of conception was not removed from its classification
with indecency, but the bill was framed to permit certain people to
give and to receive the information without being subject to the
penalties for indecency that would still apply to all others who
give it. That is, the right of access to knowledge as a fundamental
principle was abandoned and was replaced by the idea of permits and
privileges; and the platform that scientific truths are not per se
indecent was replaced by the inference that scientific facts are decent
only when stated by certain people and are otherwise indecent, or are
at least classed with prohibited indecencies.
This is the proposed legislation which has come to be called, for
short, the “doctors only” kind of bill. But other limitations than
those applying to doctors have been included. With these successive
efforts in the New York Legislature, restrictions were added almost
every year that a bill was introduced. The measure first put forward
in 1921 limited access to contraceptive information to that given by
physicians or registered nurses; then the nurses were dropped out, and
no doctor could give information unless the individual applied to him
personally for it; and by 1923 the still further restriction was added
that access to the knowledge was lawful only for those who were married
or who had secured a license to marry. These later New York bills were
drafted by Prof. Samuel McCune Lindsey of the Legislative Bureau of
Columbia University. The full wording of the latest draft is given
in Appendix No. 6. All of them leave the main body of the obscenity
statutes just as it stands with its blanket prohibition of the giving
of contraceptive information by anyone to anyone, in any way whatever;
the amendment in each of these bills is an addition to the release
act of 1881, Section 1145 of the Penal Code, which states that an
article prescribed by a physician to cure or prevent disease is not “of
indecent or immoral nature or use”; these added parts merely declare
the doctor’s act in giving information or in making a prescription for
a preventive to be “not a violation of this article.” In other words
the old law of 1881 whitewashed the thing prescribed by the doctor,
and the proposed amendment whitewashes the doctor for prescribing it.
But it leaves the whole subject of knowledge about the control of
conception, still in the category of crime and indecency. The doctor
merely becomes a privileged character within this category.
Public-domain text, read in full here on John Shaqi.
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