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
Just as limited or “doctors only” bills were proposed after the first
freedom bills were introduced in the states, so also were they proposed
for Federal legislation after the trail was first blazed to Congress
by a Federal freedom bill. The special import of the “doctors only”
idea in Federal legislation will be discussed in the next chapter in
connection with the story of the Federal bill, through fundamentally
the same considerations apply both to state and to Federal law. At this
point it may be clarifying to take a look at certain happenings when
the “doctors only” bills were being urged upon the state legislators,
and when the public was being urged to support them.
Those who have pushed these efforts to achieve limited legislation have
repeatedly asserted that if the giving of information were restricted
to physicians, and possibly to nurses, and given only to the married,
and only on individual application, the legislators would be much more
likely to pass the measure than if it were an “unlimited bill,” that
is, a bill which would place this knowledge on just the same basis as
any other knowledge so far as the law is concerned. But prophecy is one
thing and history is another, and the facts in this case do not seem to
bear out the prophecy.
When the first of the “doctors only” bills was proposed to the Albany
Solons in 1921, two years after the second straight repeal effort of
the National Birth Control League, the pattern of legislative objection
was not altered one whit. The situation was precisely the same as
it was when the bill asked for freedom for all instead of special
privilege for a group. Then and at every subsequent effort in any
state, the newspapers have reported the same old set of remarks made by
the few articulate objectors,—that it meant race suicide, that it was
the same thing as abortion, that it would induce immorality, and that
it was against religion. As late as the Hearing of 1925 the legislators
were still offering the objections of “race suicide,” and that it
would “increase immorality.” But in the later years the race suicide
bogey has become rather less prominent,—perhaps because Holland and
New Zealand were so often quoted that the legislators were obliged
to concede that birth control and large increase in the population
were compatible and often coincident. In every single instance there
has been the same vulgar levity on the part of a few legislators, the
same noisy objections from another small portion of them, and the
same favorable or tolerant opinions on the part of the majority, but
privately expressed rather than publicly, and the same hesitation to
let their votes in Committee or in the legislatures reflect either the
facts in their own private lives or their real opinion.
Public-domain text, read in full here on John Shaqi.
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