This proposed amendment should without doubt include midwives as well
as nurses. There are thousands of women who never see a nurse or a
physician. Under this section, even as it now stands, physicians have
a right to prescribe contraceptives, but few of them have claimed that
right or have even known that it has existed. It does exist, however,
and was specifically declared by the New York State Court of Appeals,
as we shall see when we consider that court's opinion in the Sanger
case, farther on in the book. It can do no harm to make the intent of
the law as regards physicians plainer, and it would be an immense step
forward to include nurses and midwives in the section. With this
addition it would remove one of the most serious obstacles to the
freedom and advancement of American womanhood. Every woman interested
in the welfare of women in general should make it her business to
agitate for such a change in the obscenity laws.
The above provision would take care of the case of the woman who is
ill, or who is plainly about to become ill, but it does not take care
of the vast body of women who have not yet ruined their health by
childbearing and who are not yet suffering from diseases complicated
by pregnancy. If this amendment had been attached to the laws in all
the states, there would still remain much to be done.
Shall we go on indefinitely driving the now healthy mother of two
children into the hands of the abortionist, where she goes in
preference to constant ill health, overwork and the witnessing of
dying and starving babies? It is each woman's duty to herself and to
society to hasten the repeal of all laws against the communication of
birth-control information now that she has the vote, she should use
her political influence to strike, first of all, at these restrictive
statutes. It is not to her credit that a district attorney, arguing
against a birth control advocate, is able to show that women have made
no effort to wipe out such laws in states where they have had the
ballot for years.
It is time that women assert themselves upon this fundamental right,
and the first and best use they can make of the ballot is in this
direction. These laws were made by men and have been instruments of
martyrdom and death for unnumbered thousands of women. Women now have
the opportunity to sweep them into the trash heap. They will do it at
once unless, like men, they use the ballot for those political honors
which many years of experience have taught men to be hollow.
It is only a question of how long it will take women to make up their
minds to this result. The law of woman's being is stronger than any
statute, and the man-made law must sooner or later give way to it. Man
has not protected woman in matters most vital to her--but she is
awaking and will sooner or later realize this and assert herself. If
she acts in mass now, it will be another cheering evidence that she is
moving consciously toward her goal.
CHAPTER XVI
Public-domain text, read in full here on John Shaqi.
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