Cameron Miranda
In 1917, Margaret Sanger published an article titled Shall We Break This Law? in the Birth Control Review. In it, she argues that women have long been the victims of a merciless legal system that has stripped them of their bodily autonomy, forcing them to endure excessive child-bearing and undesired motherhood. Sanger calls for women to rise up, asserting their rights and taking back control of their own bodies. She recognises that this may require breaking the law, but she believes that the greater good of women's reproductive freedom justifies law-breaking.
| Characteristics | Values |
|---|---|
| Author | Margaret Sanger |
| Date | February 1917 |
| Publication | Birth Control Review |
| Page Number | 4 |
| Microfilm | Margaret Sanger Microfilm: Collected Documents S70:0769 |
| Duplicate Copies | Margaret Sanger Microfilm: Collected Documents C16:106 and Smith College Collection, S70:769 |
| Themes | Women's rights, freedom, and reproductive health |
| Context | U.S. laws restricting contraception and abortion, known as the Comstock Act |
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What You'll Learn
Women's rights
In her 1917 article, "Shall We Break This Law?", Margaret Sanger makes a powerful case for women's reproductive rights, specifically their right to voluntary motherhood. She argues that women have long been the primary victims of oppressive statutory laws, often surrendering their bodily autonomy to the tyranny of man-made laws. This has resulted in excessive and undesired child-bearing, with women becoming helpless victims of a system that ignores their health and well-being.
Sanger's words echo a broader struggle for women's rights, a movement that arose against the State, the Church, and the silence of the medical profession. Women were no longer willing to plead, implore, or petition; instead, they chose to assert themselves and reclaim their rights. This included the right to make informed decisions about their bodies, their health, and their families.
The law in question, known as the Comstock Act, was passed in 1873. It criminalized the sale and distribution of information related to contraception and abortion, demonstrating the extent to which women's reproductive freedom was restricted and controlled. The law was enforced for over a century, until it was gradually struck down by Supreme Court rulings in the 1960s.
Sanger's advocacy for women's reproductive rights extended beyond legal challenges. She also established the first birth control clinic in Brooklyn, New York, in 1916. This clinic served as a model for future clinics across the country, providing women with access to trained nurses who could offer safe and reliable information about reproductive physiology and family planning.
Sanger's work and writings played a pivotal role in the birth control movement, inspiring a shared vision for women's reproductive freedom. Her willingness to break unjust laws and challenge societal norms paved the way for future generations of women to assert their rights and make their own choices regarding motherhood and family planning.
Today, Sanger's legacy continues to inspire and empower women worldwide, reminding us that no law is too sacred to break when it comes to upholding justice and protecting the fundamental rights of women.
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Birth control
In the early 20th century, birth control was a taboo topic, and women's healthcare and family planning were not spoken about in public. At this time, Margaret Sanger founded the birth control movement and became a lifelong advocate for women's reproductive rights.
Sanger was born in 1879 and was one of eleven children born to a working-class Irish Catholic family in Corning, New York. Her mother died at the age of 50 from tuberculosis, which Sanger attributed to the strain of eleven childbirths and seven miscarriages. This tragedy led Sanger to become a nurse, and later, a visiting nurse on the Lower East Side in New York City.
It was in this role that Sanger witnessed the personal tragedy of poor, immigrant women, who often resorted to unsafe, back-alley abortions due to a lack of effective contraceptives. Determined to help women escape this fate, Sanger began to shift her attention to the need for better contraceptives. She actively challenged federal and state laws, including the Comstock Act, to bring birth control information and devices to women.
In 1914, Sanger coined the term "birth control" and began providing women with information and contraceptives. She was indicted in 1915 for sending diaphragms through the mail and arrested in 1916 for opening the first birth control clinic in the United States. Despite these setbacks, Sanger persevered and founded the American Birth Control League in 1921, which later became the Planned Parenthood Federation.
Sanger believed that women should have the right to control their own bodies and make decisions about motherhood. She wrote, "We claim that woman should have the right over her own body and to say if she shall or if she shall not be a mother." She also recognized the impact of overpopulation on the world's limited natural resources and worked tirelessly to develop a safe and effective contraceptive pill.
Sanger's efforts to break the law and challenge societal norms faced resistance from doctors and the Catholic Church. She also spent time with the eugenics movement, which sought to limit the reproduction of "undesirable" populations. While Sanger saw the value of birth control in preventing birth defects, her association with the eugenics movement tarnished her reputation.
Despite these controversies, Sanger's work led to the legalization and widespread usage of contraceptives in the United States. Her efforts also had a global impact, as she expanded her advocacy internationally in the 1920s and 1930s. By the 1950s, Sanger had won many legal victories, and in 1960, the first oral contraceptive pill was approved by the Food and Drug Administration. In 1965, the Supreme Court ruled that the private use of contraceptives was a constitutional right, effectively undoing the Comstock laws that had criminalized contraceptives.
Margaret Sanger's dedication to breaking unjust laws and challenging societal norms played a crucial role in the birth control movement and the advancement of women's reproductive rights.
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Law breaking and direct action
In her 1917 article, Margaret Sanger asks: "Shall We Break This Law?". She answers this question with an emphatic "yes", arguing that law-breaking is often necessary for social progress. She cites historical figures such as Moses, Jesus Christ, Joan of Arc, George Washington, and John Brown, who broke the law to fight for freedom and justice.
Sanger argues that the law is meant to serve justice, but when it becomes a tool of oppression, it is the duty of citizens to break it. She highlights the plight of women, who have suffered under "merciless machinery of statutory law", with no say over their own bodies and forced into excessive child-bearing. Against this injustice, Sanger calls for direct action.
The law in question is the 1873 Comstock Act, which made it a crime to sell or distribute information about contraception or abortion. This law, Sanger argues, restricts women's reproductive freedom and leads to dangerous back-alley abortions. She describes the case of Sadie Sachs, a young woman who died due to complications from an abortion. Sanger saw this as a direct result of the lack of access to safe and legal reproductive healthcare.
Sanger's response to this injustice was to open the first birth control clinic in Brooklyn, New York, in 1916. She smuggled diaphragms and cervical caps into the United States from Europe, where she had learned about reliable contraception methods. Despite facing legal charges and persecution, Sanger persevered, driven by her passion for women's rights and reproductive freedom.
Sanger's actions sparked a movement for birth control and women's reproductive rights. Her work led to the 1965 ruling of the U.S. Supreme Court, which struck down the remaining Comstock laws in Connecticut and Massachusetts. This was followed by the 1972 Eisenstadt v. Baird case, which extended reproductive rights to unmarried persons, officially ending the Comstock Act.
Margaret Sanger's legacy is a testament to the power of law-breaking and direct action in the pursuit of social justice. By challenging oppressive laws and taking risks, she helped pave the way for a more just and equitable society, where women have control over their own bodies and reproductive choices.
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Women's freedom
In her 1917 article, "Shall We Break This Law?", Margaret Sanger asserts that women's freedom and rights are paramount and that breaking unjust laws is sometimes necessary to achieve progress. This sentiment has resonated with many women throughout history, including Kitty Marion, who was inspired by Sanger's work on birth control. Marion, an actress and singer, channelled her creative talents into the birth control and suffrage movements, despite facing harsh criticism and the constraints of societal norms.
The women's suffrage movement gained momentum, with prominent figures like Susan B. Anthony and Elizabeth Cady Stanton fighting for equality. Despite their efforts, it wasn't until 1920 that the Nineteenth Amendment to the U.S. Constitution was ratified, guaranteeing women's right to vote. This victory was a significant milestone, but it did not end the struggle for women's freedom and equality.
Even today, women continue to face challenges and threats to their autonomy, as evidenced by the 2017 Women's March, where participants from across the United States rallied to protect their rights and ensure their voices were heard. The fight for women's freedom is an ongoing battle, with each generation building on the progress of the past and breaking through new barriers.
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Women's reproductive freedom
In 1917, Margaret Sanger published an article titled "Shall We Break This Law?" in the Birth Control Review. In it, she argues that women's reproductive freedom is worth breaking the law for. She highlights the irony of men shielding a "disease" that causes "mothers to an early grave, condemns wives to ill-health and invalidism, causes children to be born feeble in mind and body", and has far-reaching negative consequences for families and society. This "disease" is the ignorance of the means of preventing conception, enforced by a law that is "so vicious, so arrogant, so inhuman".
Sanger points out that throughout history, progress has been made by those who broke the law, including Moses, Jesus Christ, Joan of Arc, George Washington, and many others. She criticizes the judicial system as static and unable to keep up with the dynamic nature of civilization. She argues that it has become a "legal despotism" that protects established interests at the expense of the people, with women suffering the most under this "merciless machinery of the statutory law".
Women, Sanger writes, have been forced to surrender their right over their own bodies, becoming victims of excessive child-bearing and undesired motherhood. She calls for women to rise up, asserting themselves and taking back their rights. If breaking the law is necessary to establish their right to voluntary motherhood, then so be it.
Sanger's words proved to be prophetic, as she herself became a tireless advocate for women's reproductive freedom, breaking the law to defend it. The Comstock Act of 1873, which restricted women's reproductive freedom, was eventually struck down in 1965 by the U.S. Supreme Court in Griswold v. Connecticut, and officially ended in 1972 with the Eisenstadt v. Baird case.
Sanger's own experiences, including her mother's multiple pregnancies and chronic illness, as well as her work as a nurse, shaped her views on women's reproductive health. She was determined to stop women from dying from unsafe abortions and give them the knowledge and power to make their own reproductive choices.
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Frequently asked questions
'Shall We Break This Law, Margaret' is an article published in the February 1917 issue of the Birth Control Review by Margaret Sanger.
Margaret Sanger argued that women should have the right to voluntary motherhood and that they should reclaim their rights over their own bodies. She believed that if breaking the law was necessary to achieve this, then so be it.
Margaret Sanger highlighted the negative impact of excessive child-bearing on women's health and well-being. She also criticised the silence of the medical profession, the Church, and the State on this issue.
Margaret Sanger's advocacy for women's reproductive rights led to the 1965 ruling of the U.S. Supreme Court, which struck down the remaining contraceptive Comstock law in Connecticut and Massachusetts. This ruling was extended in 1972 to include unmarried persons, officially ending the Comstock Act.
