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
Under the same leadership, similar bills have been introduced into
the legislatures of Connecticut in 1923 and 1925 and of New Jersey in
1925. In Connecticut the bill, beside restricting access to information
to those who get it directly from a doctor or a registered nurse,
contained a section to repeal the old law which forbids the _use_ of
contraceptives, the law which has been the prize joke of the American
birth control movement. Appendix No. 7 gives the wording of the
Connecticut bill. The wording of the New Jersey law is notably absurd,
in that it forbids anyone to be obscene “without just cause,” and then
adds a clause forbidding anyone even to make a recommendation _against_
the use of contraceptives, or to give information in any way as to how
or where “any of the same may be had or seen or bought or sold.” The
amendment proposed by the American Birth Control League merely adds
this sentence: “The contraceptive treatment of married persons by duly
practicing physicians, or upon their written prescription, shall be
deemed a _just cause_ hereunder.” Appendix No. 8 gives the wording in
full. Hearings were held in both Connecticut and New Jersey but in
neither State was the bill allowed to reach a vote in the Legislature.
In Connecticut the Committee advised against changing the laws “at this
time.”
In California, a bill was introduced in 1917 by Senator Chamberlain
and Assemblyman Wishard to remove the words “prevention of conception”
from Section 317 of the Penal Code, which is entitled “Advertising to
Produce Miscarriage.” Dr. T. Perceval Gerson was head of the citizens
committee which initiated the effort. A hearing was held, but the bill
died in Committee, although it had excellent endorsement from some of
the women’s organizations and from the Los Angeles Obstetrical Society,
which passed the following resolution:
_Resolved_, that it is the sense of the Los Angeles Obstetrical
Society that the effort being made in California by intelligent men
and women on behalf of scientific birth control is worthy of support
by all having the best interests of society and its individuals at
heart.
_Resolved_, that the attention of the public be strongly drawn to the
fact that this movement for scientific birth control has no relation
to the production of abortion or miscarriage, which in fact it aims
to eliminate.
_Resolved_, that this Society composed of physicians and surgeons
earnestly engaged in discussing those aspects of medical science
chiefly in the domain of obstetrics, gynaecology and pediatrics,
respectfully petition the California Legislature to amend by
elimination that portion of Section 317 of the Penal Code, reading,
“or for the prevention of conception.”
_Further be it resolved_, that this Society at this date, go on
record as unqualifiedly approving such propaganda for birth control
by scientific contraceptive measures, because of the universal
benefits that will accrue.
Public-domain text, read in full here on John Shaqi.
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