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.