CHAPTER XV

LEGISLATING WOMAN'S MORALS

One of the important duties before those women who are demanding birth

control as a means to a New Race is the changing of our so-called

obscenity laws. This will be no easy undertaking; it is usually much

easier to enact statutes than to revise them. Laws are seldom exactly

what they seem, rarely what their advocates claim for them. The

"obscenity" statutes are particularly deceptive.

Enacted, avowedly, to protect society against the obscene and the

lewd, they make no distinction between the scientific works of human

emancipators like Forel and Ellis and printed matter such as they are

ostensibly aimed at. Naturally enough, then, detectives and

narrow-minded judges and prosecutors who would chuckle over pictures that

would make a clean-minded woman shudder, unite to suppress the

scientific works and the birth-control treatises which would enable

men and women to attain higher physical, mental, moral and spiritual

standards.

Woman, bent upon her freedom and seeking to make a better world, will

not permit the indecent and unclean forces of reaction to mask

themselves forever behind the plea that it is necessary to keep her in

ignorance to preserve her purity. In the birth-control movement, she

has already begun to fight for her right to have, without legal

interference, all knowledge pertaining to her sex nature. This is the

third and most important of the epoch-making battles for general

liberty upon American soil. It is most important because it is to

purify the very fountain of the race and make the race completely

free.

The first and most dramatic of the three great struggles for liberty

reached its apex, as we know, in the American Revolution. It had for

its object the right to hold such political beliefs as one might

choose, and to act in accordance with those beliefs. If this political

freedom is now lost to us, it is because we did not hold strongly

enough to those liberties fought for by our forefathers.

Nearly a hundred years after the Revolution the battle for religious

liberty came to a climax in the career of Robert G. Ingersoll. His

championship of the much vaunted and little exercised freedom of

religious opinion swept the blasphemy laws into the lumber room of

outworn tyrannies. Those yet remaining upon the statute books are

invoked but rarely, and then the effort to enforce them is ridiculous.

Within a few years the tragic combination of false moral standards and

infamous obscenity laws will be as ridiculous in the public mind as

are the now all but forgotten blasphemy laws. If the obscenity laws

are not radically revised or repealed, few reactionaries will dare to

face the public derision that will greet their attempts to use them to

stay woman's progress.

The French have a saying concerning "mort main"--the dead hand. This

hand of the past reaches up into the present to smother the rising

flame of modern ideals, to reforge our chains when we have broken

them, to arrest progress. It is the hand of such as have lived on

earth but have not loved humanity. At the call of those who fear

progress and freedom, it rises from the gloom of forgotten things to

oppress the living.

It is the dead hand that holds imprisoned within the obscenity laws

all direct information concerning birth control. It is the dead hand

that thus compels millions of American women to remain in the bondage

of maternity.

Previous to the year 1868, the obscenity laws of the various states in

the Union contained no specific prohibition of information concerning

contraceptives. In that year, however, the General Assembly of New

York passed an act which specifically included the subject of

contraceptives. The act made it exactly as great an offense to give

such information as to exhibit the sort of pictures and writings at

which the legislation was ostensibly aimed.

In 1873, the late Anthony Comstock, who with a list of contributors,

most of whom did not realize the real effects of his work, constituted

the so-called Society for the Suppression of Vice, succeeded in

obtaining the passage of the federal obscenity act. This act was

presented as one to prevent the circulation of pornographic literature

and pictures among school children. As such, it was rushed through

with two hundred sixty other acts in the closing hours of the

Congress. This act made it a crime to use the mails to convey

contraceptives or information concerning contraceptives. Other acts

later made the original law applicable to express companies and other

common carriers, as well as to the mails.

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.

This is not the situation with the poorer people of the United States,

however. Millions of them know nothing of reliable contraceptives.

When women of the impoverished strata of society do not break these

laws against contraceptives, they violate those laws of their inner

beings which tell them not to bring children into the world to live in

want, disease and general misery. They break the first law of nature,

which is that of self preservation. Bound by false morals, enchained

by false conceptions of religion, hindered by false laws, they endure

until the pressure becomes so great that morals, religion and laws

alike fail to restrain them. Then they for a brief respite resort to

the surgeon's instruments.

For many years the semi-official witch hunting of the Comstock

organization had a remarkable and a deadly effect. Everyone, whether

it was novelist, essayist, publicist, propagandist or artist, who

sought to throw definite light upon the forbidden subject of sex, or

upon family limitation, was prosecuted if detected. Among the many

books suppressed were works by physicians designed to warn young men

and women away from the pitfalls of venereal diseases and sexual

errors. The darkness that surrounded the whole field of sex was made

as complete as possible.

Since then the feeling of the awakened women of America has

intensified. The rapidity with which women are going into industry,

the increasing hardship and poverty of the lower strata of society,

the arousing of public conscience, have all operated to give force and

volume to the demand for woman's right to control her own body that

she may work out her own salvation.

Those who believe in strictly legal measures, as well as those who

believe both in legal measures and in open defiance of these brutal

and unjust laws, are demanding amendments to the obscenity statutes,

which shall remove information concerning contraceptives from its

present classification among things filthy and obscene.

An amendment typical of those offered is that drawn up for the New

York statutes under the direction of Samuel McClure Lindsey, of

Columbia University. The words and sentences in italics are those

which it proposed to add:

"(Section 1145.) Physicians' instruments _and information_. 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. _The giving by a duly licensed physician or registered nurse

lawfully practicing, of information or advice in regard to, or the

supplying to any person of any article or medicine for the prevention

of, conception is not a violation of any provision of this article._"

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.

Woman and the New Race · 第 15 / 18 章