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
It is noteworthy that this Resolution by doctors did not take a
“doctors only” stand. A loop-hole in the California law has allowed
the establishment of a “Mother’s Clinic.” It started its service in
Los Angeles early in 1925 with Dr. H. E. Brainerd, former President
of California State Medical Association as Medical Director, and a
clinical and consulting staff of eight other physicians. The California
statute forbids anyone to _offer_ his services in any way, to aid in
the prevention of conception, but it does not forbid the giving of
information if _asked_.
In three states effort has been made to introduce laws when none
existed before, forbidding the giving of contraceptive information, or
to make existing laws still more repressive. Illinois and Virginia were
instances of the former, and Pennsylvania of the latter sort. These
bills all died in Committee, thanks to the strong protests they aroused
from representative and influential citizens.
The Illinois measure was modelled upon the New York law, and was
introduced in the winter of 1918. Professor James A. Field of Chicago
University and Dr. Charles Bacon of the Chicago Medical Institute,
both of them representing the Chicago Citizens Committee (for birth
control) appeared at the Hearing against the bill. The Illinois Medical
Society also sent Dr. C. L. Taylor and Dr. Deal to oppose it. Effective
lobbying was done before the Hearing, and by the time that was held,
the interest was so great that the session was carried over into the
evening. In conversation with members of the Legislature individually,
it was evident that they had no idea that the passage of the measure
would mean that it would be unlawful for anyone, even themselves to get
the simplest and most commonly used sorts of preventive such as are
sold at all drugstores. Professor Field and the physicians enlightened
them on this and many other points, with the result that the bill was
not reported out. It is significant that the way a measure of this sort
is presented to a legislator makes such a difference in his opinion of
its merit. A proposition to make obscenity less prevalent wins sympathy
at once, and if there is no mention made of the fact that it also will
forbid the securing of scientific hygienic information for utilization
in normal private life, the obscenity point carries the legislator
along to approve of the bill. But when he sees the real facts about
such legislation, he thinks twice, and thinks sanely. It seems like
a sound guess that Congress would likewise have thought sanely, if
Comstock and those who rushed his bill through had given the members a
chance to know the actual scope of the bill, and think twice. What a
pity that no Professor Field and no level-headed doctors were on hand
at the time to have saved the day in Washington in 1873, as they did in
Illinois in 1918!
Public-domain text, read in full here on John Shaqi.
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