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
The bill forbids the publishing or otherwise disseminating of any
information by anybody concerning birth control in this Commonwealth.
The existing laws judiciously concern themselves with this matter.
This bill does not. It is by far the most drastic bill in regard to
birth control in this country. It is, by like token, one of the most
reactionary enactments attempted in years.
The popular mind is filled—if I may judge this mind from the many
letters and telegrams before me—with all sorts of misconceptions
concerning the provisions of this bill. It is not a bill to regulate
the size of families, but an attempt to prevent anyone from doing
anything “to interfere with or diminish the birth of human beings
in this Commonwealth.” Just how anyone could diminish birth is not
made manifest. The language is viciously vague and indefinite in the
extreme. The bill might be construed to punish those that oppose the
marriage of the insane or feeble-minded. Indeed the Commonwealth’s
own acts in segregating these unfortunates in institutions like
Laurelton would come under the penalties of this bill. It is, in
other words, counter to the whole current of modern social endeavor,
and as has been pointed out, could be made a convenient club for
the black-mailer. It would deny a physician the duty, in defined
cases, of advising his patient. It would seal the lips of mothers
and fathers in counselling their children. It is an attempt to do by
legislation what should be done by education. It would be a law more
honored in the breach than in the observation. It is impracticable
and unenforceable.
For these reasons the bill is not approved.
MARTIN B. BRUMBAUGH.
While it is not feasible to agree with Governor Brumbaugh that
“existing laws judiciously concern themselves” with this matter, one
may well forget that sentence in his letter in view of the forceful
truth of his last three lines. In differentiating the proper sphere
of education from that of legislation, he rendered a signal service.
So also when he emphasized the folly of proposing laws which are
unenforceable.
Two years later, the very same bill was re-introduced into the
Pennsylvania legislature, by Representative Hickernell. But it did
not become a law this time either, thanks to the vigorous work of
Mrs. Newkirk and some of the Harrisburg members of the National Birth
Control League. The bill had been referred to the Committee on Health
and Sanitation, of which a physician was chairman. He was of the
opinion that such efforts to stamp out birth control belonged in the
class of “freak legislation,” and he let his opinion be known in the
Committee. The bill was never reported out.
Public-domain text, read in full here on John Shaqi.
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