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Have Some Decency: The History of American Legislation and Public Opinion on Birth Control
Have Some Decency: The History of American Legislation and Public Opinion on Birth Control
Figure 1: 2022 Protests amidst the leaked Supreme Court opinion overturning Roe v. Wade
https://www.inquirer.com/philly-tips/roe-v-wade-protests-philadelphia.html
In the past year, birth control has become an incredibly divisive issue amongst the American public. Due to the sheer passion amongst discussions of birth control and education reform, it often feels that these debates have always occurred throughout history. Through further research, I have found that birth control has not always been a contentious issue. In this paper, I will argue that birth control and birth control legislation have gone through cycles of progressions and regression throughout history. Specifically, I will argue that increases in birth control restrictions connect to whether the public views birth control as an appropriate matter of discussion, and whether conservative Americans view contraceptives as a threat to the “traditional American family.” Furthermore, I believe our country is currently going through another dip in acceptance in this vicious cycle. Hopefully, through this research, there may be a clearer path to where we are headed.
Early American Birth Control & The First Legal Restrictions
Although birth control methods were considerably ineffectivr, colonial Americans did have access to methods of birth control (1). The first developed birth control was the condom, although its origin is often debated, which were made out of animal intestines and were used to prevent the spread of sexually transmitted diseases (1). One Charles Goodyear’s discovered rubber vulcanization in 1839, the use and transport of condoms were revolutionized, and condoms have become one of the most popular birth control methods since the late 19th century (1). Other forms of birth control include vaginal barriers, such as diaphragms, used with spermicide, but not were as popular as condoms (1).
Due to the lack of medical technology, women into the 19th century had more control over pregnancy as the only way to determine if she was pregnant was through “quickening,” or the fetus’ movement (2) (3). Even though it was still hard to diagnose pregnancy, abortion was an acceptable practice amongst the public and there were no legislative restrictions on abortion until after quickening was reported (2).
In a podcast episode from NPR, the hosts reveal how abortion was not always controversial amongst the American public, but a small group of doctors changed that (4). Specifically Horatio Storer, a member of the American Medical Association, practically “ghostwrote” a letter on behalf of the AMA, and led the early anit-abortion movement (4). In this letter, Storer bashes abortion for being immoral and it was “pivotal” for starting the physicians' crusade against abortions, which redefined public opinion on birth control and the medical profession (2). Storer’s letter also reveals the pro-life movement's roots in white nationalism as well, as Storer was targeting the most popular demographic who received abortions at the time: wealthy, protestant women (2). Due to the declining birth rate of white protestants, Storer argued in multiple of pieces that it was the physician’s moral duty to stop “criminal abortions” as the foreign population could greatly increase beyond the anglo-saxon population (2).
In order to convince both physicians and the public, Storer targeted their morals by framing women who received abortions as sinful temptresses, and that society should hold anti-abortion views in order to “ensure the innocence” of Americans (2) (5). Storer’s moral rhetoric displays the movements white nationalist roots, and by framing abortion-seeking women as sinful, Storer targets the public’s fear of threats to the american family, because all good families were god-fearing. But, if they allowed sinful people in their families, they would no longer be protecting the innocence and sanctity of the american family. Due to the immense religious fervor of the period, it is logical that public opinion became largely pro-life, making it easier for legislators to pass restrictions on abortion. Even though the movement did not gain traction until 1860, by there were more than forty anti-abortion laws by 1880, including the Comstock Act of 1873, that sought to target all birth control methods (2).
Amidst the growing pro-life movement started by Storer, Congress passed the Comstock Act in 1873, a federal statute with the purpose of suppressing the “trade in” and “circulation of obscene literature and article of immoral use (6). Anthony Comstock led the fight for this act to be passed as he crusaded against what he considered obscenities, resulting in the criminalization of the publication, distribution, and possession of information on medication/devices for abortion and contraception (6). To connect this to modern-day, it would be illegal to receive birth control pills or even birth control education in the mail.
These restrictions not only isolated women seeking control over reproduction, but the Comstock Act also restricted privacy and anonymity. Since women could not receive reproductive education through books or papers, their reliance on religion emphasized the importance of innocence and maintaining a family, both of which are threatened by abortion, therefore diminishing public opinion on birth control. Furthermore, the need to restrict “obscenities” through the Comstock Act displays the fears of threatening the American family as the government saw itself as protecting the American people from such “obscene” topics or items that could corrupt its people and lead to the breakdown of traditional American family values. However, pushback against the Comstock laws slowly started to develop in 20th century with the involvement of Margart Sanger.
The Start of Sex Education, “Birth Control,” and Female Independence
Margaret Sanger was a leader of the birth control advocacy movement in the early 20th century and grew up around the time that Comstock Act first came into effect (7). When approaching how to change the Comstock Act, Sanger opted for a more rebellious approach by breaking the law (7). Sanger began her work in the 1910s by actively challenging federal and state restrictions in order to bring birth control information to a broader scope of women, especially low-income women (7). One of the main reasons that Sanger sought to bring this information on birth control to more women was to “relieve” them from the strain of perpetual, unwanted pregnancies, and prevent botched,“back-alley” abortions through their ideal contraceptive (7). When she began providing birth control information and contraceptives to more women, Sanger coined the term “birth control” in 1914 American Birth Control League (ABCL) in 1921, which we know today as the Planned Parenthood Federation (7). For the next three decades, Sanger campaigned to bring effective and safe birth control into mainstream American society and into the hands of everyday Americans (7).
From the 1930’s through the 1960’s, birth control advocacy started gaining traction amongst the public as sex education began to appea,r and traditional gender roles started to unravel. During the World Wars, Venereal Disease became a rabid issue amongst American troupes (8). To protect their troupes, the Department of Defense created the first sex education program and distributed materials amongst the men (8). At the same time, women had been sent to the workforce to fill in the open positions left by drafted men in order to keep the country running (8). Once World War II ended, sex education began to spread among men and independence began to rise among women, especially with the start of pink-collar jobs in the 1940s (9). The combination of the two sparked change throughout the public as illegal birth control methods became more known and young women could live independently for long periods of time (8). This societal shift threatened traditional family values and would inevitably make birth control restrictions vulnerable as both men and women could live independent lives much longer. To counter this shift, the government instituted financial incentives and advertising companies portrayed the ideal housewife to attempt to suede the public into accepting traditional gender roles in a family (8) (9). However, the rise of the feminist movement in the 50s chipped at these gender roles and family ideals, paving the way for legalized birth control.
Figure 2: Picture of original Enovid perscription bottle
https://www.pbs.org/wgbh/americanexperience/features/pill-gallery/
Growing Discourse and Acceptance Begins
By the 1950s, there had been no recent advancements in contraceptives since the diaphragm in 1842 and the rubber condom in 1869 (7). Even in her seventies, Sanger sought to help create a more accessible birth control option (7). Most importantly, Sanger wanted a new way for women to have control over their reproductive options calling it a “magic pill” (7). In 1951, Sanger found Gregory Pincus and with the financial support of Katharine McCormick, they collaborated in 1960 to create Enovid, the first oral contraceptive (7). A few years after the creation of “the pill,” the Comstock laws began to unravel with the 1965 Supreme Court case of Griswold v. Connecticut, establishing the right to private use of contraceptives amongst married couples as a constitutional right under the right to privacy (10).
Birth control support began to flourish amongst the public, especially young adults, as they protested for legal birth control for all Americans. In the case of Eisenstadt v. Baird, students at Boston University invited William Baird to lecture on contraception, and he was inevitably arrested for distributing spermicide to the students, but the case resulted in the legalization of contraceptives regardless of marital status (8) (9) (11). This case displays a cultural shift amongst the American public and its government at the beginning of the 70s as it was broadly accepted that sex was not limited to married couples, therefore undermining traditional family values as young people could now legally protect themselves from pregnancy without faulting on entering a marriage for the sake of societal acceptance. This cultural shift deepened when Roe v. Wade declared abortion a constitutional right, allowing people to delay marriage and push against gender roles (12).
Reflecting based on current-day discussions of Roe, it is logical to think that birth control was always a divisive issue amongst the American public. However, even after Storer’s crusade against abortion, abortion’s legalization in 1973 did not cause such clear divides amongst the public as it does in discussion now. In fact, abortion did not become a partisan, “easy issue” topic until President Nixon’s reconfiguration of the movement, mirroring Horatio Storer’s campaign by arguing for its immorality and harm to American families (13).
Figure 3: "Dirty Knife and a Folding Table," Dirty Dancing
Furthermore, the cultural shift after Roe and Eisenstadt was not only in response to accepting single living and delayed marriage but also acknowledging the dangers of illegal abortions and the necessity of safe birth control methods. This opinion appears in the 1987 film Dirty Dancing which is set in 1963, thus before Roe or Griswold. One important storyline is when Penny becomes pregnant out of wedlock and is not supported by the father (14). As a solution, Penny and some fellow staff pool money together to help her to get an illegal, “back-alley” abortion. After her botched abortion, Penny is in extreme pain and needs immediate medical attention as Billy describes the fake doctor only had “a dirty knife and a folding table” (14).
Since Dirty Dancing takes place in 1963, Penny’s choices were severely limited as it was illegal to use birth control or get an abortion, regardless of marital status. The film’s discussion of abortion is also important for the time that the film was released in 1987, as Reagan’s Adolescent Family Life Act, had been passed a few years earlier in 1981. The Adolescent Family Life Act pushed abstinence-only education, which Dirty Dancing indirectly critiques as Penny’s storyline shows the dangers of limited sex education (15). Since Penny was not legally able to use contraceptives or get an abortion, the film highlights what a privilege it is to even have birth control available and legalized, as the public viewed it as more than just a moral/religious debate, but also a health risk.
It is also important to note that the HIV/AIDS epidemic began in 1981, therefore discussions of contraceptives became more common amongst the public as it was necessary to protect the health of all Americans. Within the context of The Adolescent Family Life Act and the AIDS crisis, Dirty Dancing displays developing public opinion in the late 80s as a majority of the public become more educated on birth control and started as a way to protect, especially protecting young adults. Furthermore, birth control became a more casual conversation topic, although there was still some stigmatization of vivid discussion of sex education. However, legislation introduced in 1997 repealed abortion-related aspects of federal obscenity laws expanded from the Comstock Act, allowing for the publication of discussion on birth control, including in the growing film and tv industry (6).
A series that displays the active debates around birth control and sex at the time was Sex and the City, a critically acclaimed television series that ran from 1998 through 2004. Even to this day, Sex and the City was loved amongst the American public, but its content often sparked outcry amongst the more conservative citizens. The series surrounds the lives of four female best friends, navigating the dating pool in New York during the 30s. What is most interesting about the series is that each of the main characters represents different futures women could have in their romantic and/or family lives at the start of the 21st century. During their daily restaurant meet-ups, the women discuss their dates and sexual adventures in vivid detail, including casual sex, birth control, and multiple partners.
Figure 4: Samantha vs. Charlotte, "Frenemies," Sex and the City
In an episode titled “Frenemies,” Samantha and Charlotte are at odds when Charlotte slut-shames Samantha for the way she casually discusses sex and men, since Charlotte has a traditional stance on sex (16) (17). Charlotte says to Samantha that sex is between two people who love each other, but Samantha casually says “doesn’t have to be” (17). However, when, Charlotte goes to lunch with her sorority sisters, she discovers that she is the “slut” of that modest and conservative group (16). Through these scenes, we see the various opinions around sex and relationships during the early 2000s: Samantha falls on the far left with her casual view of sex, Charlotte falls in the middle with traditional monogamous belief and relative comfort with discussing sex, while Charlotte’s sorority sisters are the far right as they find discussing sex “inappropriate.” Although progress was burgeoning at the start of the 21st century, Sex and the City displays the active struggle at the time between complete acceptance of casual relationships and the casual use of birth control.
The Fight Over the Family: current debates over birth control education and legislation
Since the 2022 overturning of Roe, discussions surrounding the morality of birth control have only risen. With these discussions, many conservatives have expressed their opinion on limiting sex education, especially birth control education, in schools. Most recently, Gov. Desantis of Florida has passed The Parental Rights in Education Law that restricts public school libraries and curriculums to ensure their subject matter is “appropriate” for children (18). The parameters for being appropriate have excluded many topics, including common sex education books (18). Desantis’ argument behind the act further proves that restrictions on birth control education are based around protecting the family as he argues it will give parents more control over curriculum in schools, and will protect the nation’s children from inappropriate subject matter, similar to Storer and the Comstock Act’s goal to protect America from “obscene” topics and maintain their moral innocence.
Figure 5: Gov. Desantis presenting his speech moments before signing the Parental Rights in Education Act into law
https://www.washingtonpost.com/politics/2022/04/01/what-is-florida-dont-say-gay-bill/
On the other hand, modern-day shows like The Sex Lives of College Girls mirror popular American discourse on birth control as a vital and fundamental right that allows for independence, protects people from harm, and is extremely casual (19). While The Sex Lives of College Girls displays current acceptance of sexuality and birth control amongst the American public, the overturning of Roe and further legislative restrictions on birth control and education proves that acceptance in public opinion is not linear. Furthermore, these new restrictions prove current American society is in the midst of another dip in social and legal acceptance since historical progressive legislation is actively being overturned.
Closing
When I first began this research, the most recent restriction on birth control and birth control education were the restriction in Florida. I did not expect to see history to unfurl further as this paper progressed, but, the Supreme Court is currently deciding over two cases in Texas and Washington State that contradict each other. Their contradictions are on the safety of the abortion medication Mifepristone. The Texas judge’s ruling stated Mifepristone is not safe and should have never been cleared by the FDA, further proving that conservative fears around protecting the American family are ongoing and are resulting in another dip in birth control acceptance. While this case is still ongoing, I believe that more legal restrictions will continue, but will be countered by the social discourse around birth control. Although I cannot predict the future, my research supports the assumption that social acceptance of birth control amongst the American public and its government will continue to go through cycles of peaks and dips in acceptance as long as birth control remains a key aspect of American society.
Endnotes
“Birth Control - Methods | Britannica.” https://www.britannica.com/science/birth-control/Methods.
Johnson, Ryan. “A Movement for Change: Horatio Robinson Storer and Physicians’ Crusade Against Abortion.” James Madison Undergraduate Research Journal 4, no. 1 (2017): 13-23. http://commons.lib. jmu.edu/jmurj/vol4/iss1/2
Brooke Blower. "Being Born." Lecture, Boston University, January 26, 2023.
Abdelfatah, Rund, and Ramtin Arablouei. “Abortion Was Once Common Practice in America. A Small Group of Doctors Changed That.” NPR, January 19, 2023, sec. History. https://www.npr.org/2023/01/19/1149924325/abortion-was-once-common-practice-in-america-a-small-group-of-doctors-changed-th.
Horatio R. Storer, “Criminal Abortion,” Boston Medical and Surgical Journal 56, no. 14 (May 7, 1857): 283.
“Comstock Act | Definition, Importance, Effects, & Facts | Britannica,” April 2, 2023. https://www.britannica.com/event/Comstock-Act.
“Margaret Sanger (1879-1966) | American Experience | PBS.” Accessed April 2, 2023. https://www.pbs.org/wgbh/americanexperience/features/pill-margaret-sanger-1879-1966/.
Brooke Blower. "Sexual Education and Self Discoveries." Lecture, Boston University, March 14, 2023.
Brooke Blower. "The Politics of Housework." Lecture, Boston University, March 30, 2023.
Justia Law. “Griswold v. Connecticut, 381 U.S. 479 (1965).” Accessed March 22, 2023. https://supreme.justia.com/cases/federal/us/381/479/.
Justia Law. “Eisenstadt v. Baird, 405 U.S. 438 (1972).” https://supreme.justia.com/cases/federal/us/405/438/.
Center for Reproductive Rights. “Roe v. Wade.” Accessed March 22, 2023. https://reproductiverights.org/roe-v-wade/.
Jelen, Ted G., and Clyde Wilcox. “Causes and Consequences of Public Attitudes toward Abortion: A Review and Research Agenda.” Political Research Quarterly 56, no. 4 (2003): 489–500. https://doi.org/10.2307/3219809.
Dirty Dancing (4/12) Movie CLIP - Dirty Knife and a Folding Table (1987) HD, 2012. https://www.youtube.com/watch?v=LnqAE4Rjdqk.
Guttmacher Institute. “Whatever Happened to the Adolescent Family Life Act?,” November 9, 2015. https://www.guttmacher.org/gpr/1998/04/whatever-happened-adolescent-family-life-act.
“Frenemies.” Sex and the City. HBO, October 1, 2000.
Samantha vs. Charlotte, Youtube. 2007. https://www.youtube.com/watch?v=ZTg7NOBq5SE.
“CS/CS/HB 1557 (2022) - Parental Rights in Education | Florida House of Representatives.” Accessed May 4, 2023. https://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=76545.
Sex Lives of College Girls. HBO Max, 2021.
About the Author
About the Author
Annalise grew up in Massachusetts in a busy, bustling household. She learned to love baking with her mom, reading late into the night, and the fun of a good debate. At BU, she studies Political Science and Women’s, Gender, and Sexuality Studies. Even though BU is close to home, she still misses spending every day with her older sisters, her little brother, and her dog. In the future, she hopes to become a lawyer in family or education law, and someday become a published author.
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