Contraception Politics in the United States

Contraception politics involves the legislation and policies surrounding contraceptive methods and is within the frame of reproduction politics. The right to access to contraceptive methods and information about contraceptive methods are issues of importance to the feminist movement. The introduction of the birth control pill coincided with the second-wave of feminism and is said to have sparked a sexual revolution, and a shift in the way people thought about sexuality. The debate about contraception could be framed in a number of ways, but the focus here will be on the woman's right to have control over her body and reproduction, or in other words the feminist frame. Most of the information in this Wiki will be on the United States as opposed to globally, in an effort to keep the information focused and refined.

History of Contraception Politics

Throughout history, women’s sexual lives have been under scrutiny and the watchful eye of society. In the United States, contraception and abortion were historically considered to be morally wrong by most people, with this sentiment furthered by religious groups, namely Catholics. Contraception was considered immoral by Catholics because it interferes with the creation of life, and they considered it to promote promiscuity. Since the church taught that children were a blessing that came from marriage, a desire to control ones fertility was viewed as deviant and a characteristic only seen in those who lived deviant lifestyles (marriage out of wed-lock, adultery, prostitution).

Early Birth Control Movement

In the late 19th century, conservative Victorian attitudes towards sexual intercourse began to change. Although the prevailing view was that sex was only for the purpose of reproduction, attitudes towards contraception began changing as women found it less and less practical to keep birthing children, as well as finding abstinence to be ineffective. Access to contraception was limited only to upper class women, as most available methods were quite expensive. Women were limited by the Comstock Law, more specifically known as the “Act for the Suppression of Trade in, and Circulation of, Obscene Literature and Articles of Immoral Use,” which was passed in 1873. The purpose of the law was to try and outlaw prostitution and other “obscene” sexual practices. It banned using, possessing or selling contraceptives, distributing information about contraceptives and it also banned any medication or any device that could be used for abortion. States had their own versions of the Comstock laws implemented as well. These laws were rarely publicly contested before the 1910s, as sexual topics were still incredibly taboo. The modern birth control movement in the United States only began in the early 20th century, and pushed for contraception as a way to allow women to have control over their reproduction, and to make it easier for people to enjoy sexual intercourse for pleasure, without worrying about venereal diseases or pregnancy. There was a growing push for education on contraceptive methods, as well as a push for legalization and development of advanced methods. Women were suffering as a result of the Comstock laws, due to complicated and frequent childbirths, and women attempting to give themselves abortions.

Important Voices within the Movement

Two women who pioneered the birth control movement were Margaret Sanger and Dr. Marie Stopes. Sanger’s birth control activism was born from witnessing her own mother endure numerous childbirths and miscarriages which resulted in her health declining and which ultimately contributed to her death. As a nurse, Sanger was fed up with having to witness and care for fellow women suffering through botched abortions when dealing with unwanted pregnancies. Sanger was known for being an outspoken activist and for challenging the Comstock laws in order to make contraception, and information regarding contraceptives, legal and available to women. She believed that birth control was essential in the fight to give women complete power over their bodies. She opened up the first birth control clinic in the US in 1916, and was arrested for it, along with being arrested for sending contraceptives through the mail. She appealed her later conviction, which lead to the New York Court of Appeals allowing doctors to issue prescriptions for contraception, and this ruling in turn lead to a hike in interest and support for the movement. This ruling opened doors for other states to do the same. Sanger is also known as the mother of Planned Parenthood, as her organization, the American Birth Control League, eventually became part of what is now called Planned Parenthood, the largest reproductive health organization in the United States.

Dr. Marie Stopes was a celebrated British paleobotanist and an important voice in the birth control movement. Her interest in the movement began after first marriage fell apart and ended in an annulment. Her troubled marriage led to her writing Married Love (1918), a controversial and influential book for women about marriage and sex. It was a manual on how to enjoy a healthy, sexual relationship inside a marriage. It was difficult for her to find a publisher, as the subject of her book was considered obscene at the time. She followed that book up with Wise Parenthood, a book about birth control. Following Wise Parenthood, Stopes focused on the birth control movement and eventually opened up Britain’s first birth control clinic with her second husband. Stopes’ clinic provided services and birth control for women who were married, and she did so for free which made it accessible to poor women. She also distributed contraceptives through the mail and pamphlets with information to further knowledge and further the cause. Her legacy is Marie Stopes International, an international non governmental organization that lobbies for reproductive rights and offers numerous reproductive health services across the globe.

Birth Control Movement - Pre-Pill

Though Sanger and Stopes paved the way for wider acceptance of birth control, their movement was still met with resistance by many. Laws that outlawed contraception were still intact, and groups, such as the Catholic Church, were pushing to put a stop to the movement. Changes in contraception laws did not come about until the 1930s, and most of these changes were in the form of court decisions.

The Pill Era

Contraceptive Legal Status

Although some changes did occur in the legal status and availability of contraception during the pre-War period, the Comstock laws still did exist, although their enforcement was dwindling. The most important changes in contraception laws came about in the Cold War era. These changes came about through a group of legal decisions in the 1960s and 1970s. In 1965, in the landmark case Griswold v. Connecticut, the US Supreme Court ruled that a Connecticut law that banned contraception was a violation of marital privacy, and was thus unconstitutional. This meant that any state law prohibiting a married couple from using contraception was deemed unconstitutional, allowing married couples the freedom to use contraception legally. In 1972, there was yet another major court victory in the fight for contraception rights. William Baird, a reproductive rights activist, was jailed and charged after getting caught handing contraceptives to a woman in Massachusetts. His case eventually ended up in the Supreme Court, where it was ruled 6-1 that the discrimination of the law only allowing married couples contraception was irrational under the 14th Amendment of Equal Protection, and thus the Griswold decision was extended to include unmarried persons. This finally meant that all Americans were able to use contraception legally, regardless of marital status. The Comstock laws were essentially overturned. These cases were important in the fight for reproductive rights, as they were both cited in the landmark case Roe v. Wade which legalized abortion in the first trimester. Throughout the battle for reproductive rights, legislators have been continually avoiding dealing head on with "issues involving moral polarization" such as contraception and abortion, leaving change to be reached only through courts. Changes in law that come via court decisions leave legislators' hands clean of picking sides on the touchy topic, and limit public outcry.

Development of the Pill

Until the Post-War era, women's knowledge of contraception, and their options on contraceptives were limited. They used methods that were either ineffective or sometimes unsafe. Most had used douches and diaphragms, and some used homemade elixirs that were supposed to prevent pregnancy, and induce miscarriages in the case of an unwanted pregnancy. Companies sold contraceptives but labeled them as feminine hygiene products as contraceptives were still outlawed at the time. Many of the methods were either complicated, messy or impossible to keep hidden or private. While the birth control movement was gaining momentum in in the mid 20th century, scientists were learning more and more about the female reproductive system and female hormones. They were studying and testing sex steroids on ovulation for the purpose of developing drugs to enhance fertility. In the 1930s, scientists came to understand that high doses of the hormone progesterone could stop ovulation. This discovery, along with

The Pill and Second-Wave Feminism

Although the suffragette and first-wave feminist movements occurred around the same time as the birth control movement, groups involved with the broader feminist movements tended to stay away from the controversy. Birth control was too controversial, and they thought that staying away from such a topic would make it easier to further their movement. The feared that including birth control as a focus in their movements would come to divide their ranks, and threaten the progress they had already made.

Contraception Politics Today

It is accurate to say that the desire to control one's fertility cannot be seen as something selfish anymore, as it is quite necessary in order to sustain our planet and prevent our rapidly growing population from destroying all our resources.