"Secondly, by section 1145 of the Penal Law, physicians are excepted
from the provisions of this act under circumstances therein mentioned.
This section reads: 'An article or instrument, used or applied by
physicians lawfully practicing, or by their direction or prescription,
for the cure or prevention of disease, is not an article of indecent
or immoral nature or use, within this article. The supplying of such
articles to such physicians or by their direction or prescription, is
not an offense under this article.'
"This exception in behalf of physicians does not permit advertisements
regarding such matters, nor promiscuous advice to patients
irrespective of their condition, but it is broad enough to protect the
physician who in good faith gives such help or advice to a married
person to cure or prevent disease. 'Disease,' by Webster's
International Dictionary, is defined to be, 'an alteration in the
state of the body, or of some of its organs, interrupting or
disturbing the performance of the vital functions, and causing or
threatening pain and sickness; illness, disorder.'
"The protection thus afforded the physician would also extend to the
druggist, or vendor, acting upon the physician's prescription or
order."
Section 1142, which shamelessly classes contraceptive information with
abortion and things obscene, still stands, but under the decision of
the Court of Appeals, it is the law of New York State that physicians
have the right which they were seemingly denied. Such is probably the
fact, also, in many other states, for the so-called "obscenity" laws
are modelled more or less, after the same pattern.
One of the chief results of the Brownsville clinic was that of
establishing for physicians a right which they neglected to establish
for themselves, but which they are bound, in the very nature of
things, to exercise to an increasing degree. Similar tests by women in
other states would doubtless establish the right elsewhere in America.
We know of some thirty-five arrests of women and men who have dared
entrenched prejudice and the law to further the cause of birth
control. The persistent work in behalf of the movement, attended as it
was by danger of fines and jail sentences, seemed to puzzle the
authorities. Sometimes they dismissed the arrested persons, sometimes
they fined them, sometimes they imprisoned them. But the protests went
on, and through these self-sacrifices, word of the movement went
constantly to more and more people.
Each of these arrests brought added publicity. Each became a center of
local agitation. Each brought a part of the public, at least, face to
face with the issue between the women of America and this barbarous
law.
Many thousands of letters have been answered and thousands of women
have been given personal consultations. Each letter and each
consultation means another center of influence from which the gospel
of voluntary motherhood spreads.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account