Claire Arbogast
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Never think the dragon is gone if it is only sleeping

5/17/2023

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​April 16, 1929, Boston's Ford Hall Forum, a silenced Margaret Sanger appeared on stage and handed her prepared speech to Harvard professor Arthur M. Schlesinger to read to an audience of 800. 
The fire of the sleeping dragon.

Here's the text of the current version of the Comstock Act, 18 U.S.C. § 1461:


Every obscene, lewd, lascivious, indecent, filthy or vile article, matter, thing, device, or substance; and–

Every article or thing designed, adapted, or intended for producing abortion, or for any indecent or immoral use; and

Every article, instrument, substance, drug, medicine, or thing which is advertised or described in a manner calculated to lead another to use or apply it for producing abortion, or for any indecent or immoral purpose; and

Every written or printed card, letter, circular, book, pamphlet, advertisement, or notice of any kind giving information, directly or indirectly, where, or how, or from whom, or by what means any of such mentioned matters, articles, or things may be obtained or made, or where or by whom any act or operation of any kind for the procuring or producing of abortion will be done or performed, or how or by what means abortion may be produced, whether sealed or unsealed; and

Every paper, writing, advertisement, or representation that any article, instrument, substance, drug, medicine, or thing may, or can, be used or applied for producing abortion, or for any indecent or immoral purpose; and

Every description calculated to induce or incite a person to so use or apply any such article, instrument, substance, drug, medicine, or thing–

Is declared to be nonmailable matter and shall not be conveyed in the mails or delivered from any post office or by any letter carrier.

Whoever knowingly uses the mails for the mailing, carriage in the mails, or delivery of anything declared by this section or section 3001(e) of title 39 to be nonmailable . . . shall be fined under this title or imprisoned not more than five years, or both, for the first such offense, and shall be fined under this title or imprisoned not more than ten years, or both, for each such offense thereafter. . . .
​I wonder what other laws are waiting to be reawakened by the sprinkling of Gilead Handmaid holy waters?

It’s almost impossible to believe the Comstock Act, passed by Congress in 1873, really is a law in our country. Among other things, it prohibits the mailing of “obscene, lewd, or lascivious” materials, like pornography, or any article or thing “intended for the prevention of conception or procuring of abortion.” It also prohibits shipping those things by way of express common carriers, meaning services like FedEx or UPS

The Comstock Act has been considered moot since the Supreme Court declared a right to contraception for married couples in Griswold v Connecticut, in 1965 (when I was 15 years old); Congress repealed the birth control  portions of the law in 1971 (when my daughter was born). But the rest of the law was never formally repealed – it never had to be. OR that's what everyone thought. With the 1973 Roe v Wade decision in place, and the constitutional right to an abortion intact, the Comstock Act faded into the background like a sleeping dragon. Narrowed and gutted, but still alive.

Boy was THAT a mistake! Never think the dragon is gone if it is only sleeping.

Today, the draconian law is ready to twist its nasty over-reaching fingers back into our lives as zealot anti-abortion activists and lawyers argue before the U.S. Court of Appeals for the 5th Circuit that the Comstock Act makes it illegal to send abortion pills by mail, reasoning that the relic law “explicitly forbids” mailing the drugs to any state, whether abortion is legal there or not. If this goes forward, it will crash the availability of mifepristone, the first pill of two used in medication abortion — the method used in more than half of abortions in the country. The three judges hearing the case are Jennifer Walker Elrod, James C. Ho and Cory T. Wilson--two appointed by Trump and one by George W., all who have previously backed abortion restrictions.

DID YOU KNOW that as late as 1960 thirty states had statutes on the books prohibiting or restricting the sale and advertisement of contraception? These laws stretched back almost a century, to that accursed Comstock Act, reflecting an underlying restrictive puritan storyline that contraception was lewd, immoral and promoted promiscuity. For women, anyway.

These laws were fought tooth and nail by activist Margaret Sanger (in this photo having her mouth covered in protest at not being allowed to talk about the issue) and the brazen, determined women of the day who were arrested, jailed, and publicly humiliated. She tirelessly lobbied to overturn the law's birth control sections, which the courts partially did in United States v. One Package (2d Cir. 1936), making it legal for doctors to mail birth control devices and information.

Where is the Maggie Sanger of today? We need someone as brave and relentless to help us hold on to the precious freedoms she and her sisters helped us gain.
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And so we lift our gazes

2/4/2021

6 Comments

 
PictureIMAGE: IAN MOORE / MASHABLE
“The problem lay buried, unspoken, for many years in the minds of American women. It was a strange stirring, a sense of dissatisfaction, a yearning that women suffered in the middle of the twentieth century in the United States. Each suburban wife struggled with it alone. As she made the beds, shopped for groceries, matched slipcover material, ate peanut butter sandwiches with her children, chauffeured Cub Scouts and Brownies, lay beside her husband at night—she was afraid to ask even of herself the silent question—Is this all?’”

Today is the birthday of Betty Friedan, born in Peoria, Illinois (1921). Her thoughts, like the one above, put forth in 1963 book, The Feminine Mystique, roused women into action for equality, challenging the widely shared belief that fulfillment had only one definition for American women: housewife-mother. Friedan was right about the depth and breadth of women's dissatisfaction. The book sold three million copies in three years.

Women had been discouraged from working during the depression to give men jobs. But during WWII they flooded into jobs and college slots vacated by men gone to fight. They were independent. They made good money. They had future careers. They made airplanes, ships, munitions, and tanks. They held technical and scientific jobs for the first time. But all that was lost upon the return of soldiers when the fear of another depression forced women out. It was promoted as the patriotic thing to do, but it decimated women’s lives as they were systematically relegated to pink-collar jobs in law, medicine and business or no jobs at all.

Everybody knows how the brilliant Ruth Bader Ginsburg couldn’t get a job as a lawyer. But what I remember was my mother’s bitterness over being shunned by other women for working in our family flower shop. And the woman who married my stepfather after my mother died: she was forced out of medical school to make room for returning veterans and had to accept a career as a high school biology teacher when she wanted to be a doctor.

But by the 1960s, the nearly psychotic and bored white women of the suburbs (yes, the same women courted by today’s politicians) tossed aside Tupperware, frozen dinners, and tranquilizers to put their racist, Bardot-draped, shoulders into righting the listing ship of women’s equality. They wrote books, marched in the streets, launched legislation, started magazines, ran for office. And strategically excluded women of color, just like the old suffrage days.

That oft-scorned movement put women in congress, allowed us to have birth control pills and the right to terminate unwanted pregnancy, credit and houses in our own names, admission to top-drawer universities, and careers beyond menial labor. It was the second wave of feminism.

The Equal Pay Act of 1963 stipulates that women receive the same pay as men for the same work. We're still working on that. And working on even allowing women to hold equal jobs.

Stifling attitudes toward women are woven into our culture, like racism. And for women of color, it’s a double whammy.

I have deeply pondered my own racism. From my late teens on, I did everything I could think of to reject racism. But recently, I was trashed on social media as a racist. At first, I protested. Not ME! But then I realized my trasher was right. I’m racist. I can’t help but be racist. And I have to own up to it because it helps me see my privilege, helps me understand the anger of those who look at me in disgust.

This has led me to believe I am also riddled with bias against women, even though I am one. Even though I experienced decades of sexist slap-downs, forged radical non-Hollywood relationships with men, clawed my way as a single mother to fairly respectable positions, and pride myself on my feminist views.
 
I can’t help it. It’s buried in me. Like racism, it’s part of my foundation.

I was taught. By my family, my teachers, my bosses, my friends. By the lack of female authors, artists, scholars, or innovators available from which to learn. I can fool myself—like I did in the 1980’s, thinking I was no longer a racist because I forgot a Black friend’s color—that I’m not sexist because I have tried hard to unlearn what I was taught.

It’s hard to excavate my biases. Almost impossible to see them. They lie hidden in my dark, irrepressible judgement of women who have chosen paths I deem inadequate—dissing Melania Trump’s plastic-surgery-modeling-rich-guy route when I should just try walking a mile in her ambitious, sky-high stilettos. They seep into my own language, that I must vigilantly correct—calling Joe Biden, Biden; but calling Kamala Harris, Kamala.

Beyond me, out in the larger world, the third wave of feminism is blossoming. I Googled “feminist activists 2020,” and first up came a link to an October 2020 post on Mashable, “6 feminist activists to follow on social media.” Right away, I’m heartened. The women are all colors, shapes, sizes, ages, and religions.

They are probably racist and sexist too, but I’m following them. Closely.​​

And hoping, as this young woman points the way for us all:

        "...And so we lift our gazes not to what stands between us
        but what stands before us
        We close the divide because we know, to put our future first,
        we must first put our differences aside..."

                --Amanda Gorman

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  • Home
  • About
  • Leave the Dogs at Home, a memoir
    • Reviews and More
    • Excerpts from Leave the Dogs at Home
    • An illustrated guide to the stories inside Leave the Dogs at Home >
      • Tick Acres
      • Jim
      • Lila and Digs
      • Bloomington and Surrounds
      • Waterloo, Pennsylvania
      • Virginia
      • Cabo
      • Thailand & Taipei
      • Six Years Later, New Tricks
  • New Novel Coming Soon
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