Birth control laws : $b shall we keep them, change them, or abolish them

by Mary Ware Dennett

"Birth Control Laws: Shall We Keep Them, Change Them, or Abolish Them" by Mary Ware Dennett is a public-policy treatise written in the early 20th century. It scrutinizes how U.S. federal and state statutes born of “Comstockery” restrict access to contraceptive information, and weighs whether these laws should be retained, modified, or repealed. The work maps the legal framework, recounts its origins, and considers practical and ethical consequences for families, physicians, and public institutions. The opening of the treatise sets its scope: it will not argue the merits of birth control itself, but will examine the laws that govern access to contraceptive knowledge and how those laws should change. Dennett outlines the book’s structure and then, through vivid examples—a mother’s letter to her daughter, a doctor-to-doctor exchange, and a lawmaker’s private plea—shows how federal statutes make even basic advice a crime. She summarizes key federal provisions and parallel state measures, highlighting their conflation of contraception with obscenity and abortion, peculiar extremes like Connecticut’s ban on use, and New York’s narrow medical carveout that enabled a clinic. The author defines birth control as prevention of conception (not abortion), exposes the absurdity of criminalizing knowledge but not its use, and illustrates distribution barriers that persist even in states without explicit bans, as seen in the Chicago clinic fight. Turning to origins, she describes the bill’s rushed passage in Congress under Anthony Comstock’s influence, the removal of an early physician exemption, and the unique American practice of classing contraceptive science with indecency, alongside Comstock’s methods, mindset, and critics. She notes that enforcement has been sporadic and often selective—citing politicized cases and light penalties—underscoring official inconsistency and the practical unenforceability of the laws.