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
WHY NOT BIRTH-CONTROL CLINICS IN AMERICA
[Footnote: This chapter, in substance, and largely in language, appeared under the present title in the March, 1920, issue of American Medicine (New York) and is incorporated in this book by courtesy of that publication.]
The absurd cruelty of permitting thousands of women each year to go through abortions to prevent the aggravation of diseases for which they are under treatment assuredly cannot be much longer ignored by the medical profession. Responsibility for the inestimable damage done by the practice of permitting patients suffering from certain ailments to become pregnant, because of their ignorance of contraceptives, when the physician knows that if pregnancy goes to its full term it will hasten the disease and lead to the patient's death, must in all fairness be laid at his door.
What these diseases are and what dangers are involved in pregnancy are known to every practitioner of standing. Specialists have not been negligent in pointing out the situation. Eager to enhance or protect their reputations in the profession, they continually call out to one another: "Don't let the patient bear a child—don't let pregnancy continue."