With this precedent established--a precedent which a majority of the
congressmen could hardly have understood because of the hasty passage
of the act--Comstock secured the enactment of state laws to the same
effect. Meanwhile, the provisions regarding contraceptives had been
dropped from the amended New York State law of 1872. In 1873, however,
a new section, said to have been drafted by Comstock himself, was
substituted for the one enacted in 1872, and that section is
essentially the substance of the present law. None of these acts made
it an offense to prevent conception--all of them provided punishment
for anyone disseminating information concerning the prevention of
conception. In the federal statutes, the maximum penalties were fixed
at a fine of $5,000 or five years imprisonment, or both. The usual
maximum penalty under a state law is a fine of $1,000 or one year's
imprisonment, or both.
Comstock has passed out of public notice. His body has been entombed
but the evil that he did lives after him. His dead hand still reaches
forth to keep the subject of prevention of conception where he placed
it--in the same legal category with things unclean and vile. Forty
years ago the laws were changed and the chief work of Comstock's life
accomplished. Those laws still live, legal monuments to ignorance and
to oppression. Through those laws reaches the dead hand to bring to
the operating table each year hundreds of thousands of women who
undergo the agony of abortion. Each year this hand reaches out to
compel the birth of hundreds of thousands of infants who must die
before they are twelve months old.
Like many laws upon our statute books, these are being persistently
and intelligently violated. Few members of the well-to-do and wealthy
classes think for a single moment of obeying them. They limit their
families to one, two or three well-cared-for children. Usually the
prosecutor who presents the case against a birth-control advocate,
trapped by a detective hired by the Comstock Society, has no children
at all or a small family. The family of the judge who passes upon the
case is likely to be smaller still. The words "It is the law" sums it
all up for these officials when they pass sentence in court. But these
words, so magical to the official mind, have no weight when these same
officials are adjusting their own private lives. They then obey the
higher laws of their own beings--they break the obsolete statutes for
themselves while enforcing them for others.
Public-domain text, read in full here on John Shaqi.
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