Embryo Project Encyclopedia

In the 1936 case United States v. One Package of Japanese Pessaries, the US Court of Appeals for the Second Circuit in New York City, New York, confirmed that physicians had the right to distribute contraceptives to patients for medical purposes. In January 1933, US Customs confiscated a package of contraceptives imported from Japan by US physician Hannah Stone. They claimed that the package violated section 305 of the Tariff Act of 1930, which, like the 1873 anti-obscenity Comstock Act, granted the US government authority to seize contraceptive materials imported into the country or sent through the mail. The court ruled that US Customs was not justified in confiscating the package and ordered its return to Stone. United States v. One Package exempted physicians from the restrictions surrounding the distribution of contraceptives and contributed to the subsequent dismantling of the Comstock Act in later court cases.

On 26 May 1994, US President Bill Clinton signed the Freedom of Access to Clinic Entrances Act in to law, which federally criminalized acts of obstruction and violence towards reproductive health clinics. The law was a reaction to the increasing violence toward abortion clinics, providers, and patients during the 1990s. That violence included clinic blockades and protests, assaults on physicians and patients, and murders. The Freedom of Access to Clinic Entrances Act established
criminal and civil penalties against people who obstructed or committed violence towards reproductive health clinics, and has supported women's access to safe reproductive healthcare.

Anthony Comstock was a US postal inspector and politician who advocated for the suppression of obscenity and vice throughout the late nineteenth century and early twentieth century. Comstock considered any sexually explicit material like pornography and literature related to birth control and abortion as obscene. In 1873, Comstock lobbied US Congress to pass an anti-obscenity law titled An Act for the Suppression of Trade in, and Circulation of, Obscene Literature and Articles of Immoral Use, also called the Comstock Act. The law penalized individuals for sending material classified as obscene through the US postal services, which Comstock, as a special agent of the United States Post Office, could enforce. Comstock’s role in passing and enforcing the Comstock Act influenced the social and political restriction of birth control, hindering women’s access to contraceptives.

In the 1989 case Webster v. Reproductive Health Services, the
US Supreme Court upheld the constitutionality of a Missouri law regulating abortion care. The
Missouri law prohibited the use of public facilities, employees, or
funds to provide abortion counseling or services. The law also placed restrictions on physicians who provided
abortions. A group of physicians affected by the law challenged the
constitutionality of certain sections of it. The US federal district
court that first heard the case ruled many of the challenged sections of
the law unconstitutional. The Missouri attorney general then appealed
the case to an US federal appeals court and eventually to the US Supreme
Court in Washington, D.C. In a five to four decision, the US Supreme
Court overturned the decisions of the lower federal courts, ruling that
it was constitutional to prohibit public funds, facilities, and
employees from providing abortion care. In doing so, the Supreme
Court upheld a state law that limited women’s access to abortions
and established a precedent that states could apply restrictions to
abortion care.

In the 1983 case City of Akron v. Akron Center for Reproductive Health the US Supreme Court ruled that certain requirements of the city of Akron’s “Regulation on Abortion” ordinance violated women’s rights to abortions. Despite the legalization of abortion in the 1973, with the US Supreme Court case Roe v. Wade, individual states passed legislation regulating certain aspects of abortion. The city of Akron, Ohio, passed legislation in 1978 that regulated when and where abortions could be conducted, the consent process leading up to abortions, and the disposal of fetal remains after abortions. In a six to three ruling, the Court argued provisions of the city of Akron’s ordinance were unconstitutional. The Court’s opinion in City of Akron v. Akron Center for Reproductive Health reaffirmed the ruling in Roe v. Wade that states could not unduly restrict women’s access to abortions.

What Every Girl Should Know was published in 1916 in New York City, New York, as a compilation of articles written by Margaret Sanger from 1912 to 1913. The original articles appeared in the newspaper New York Call, under the tile “What Every Girl Should Know.” The articles, which are organized into chapters and individual parts in the book, describe sex education, human reproduction, and sexually transmitted infections. Sanger, a nurse and social activist, published What Every Girl Should Know during a time in which US federal and state obscenity laws regulated the circulation of literature related to sex. What Every Girl Should Know flouted those laws, helping people to learn about sex education and reproductive health in the US during the early twentieth century.

What Every Mother Should Know was published in 1914 in New York City, New York, as a compilation of newspaper articles written by Margaret Sanger in 1911. The series of articles informed parents about how to teach their children about reproduction and it appeared in the newspaper New York Call. In 1911, the newspaper series was published as a book, with several subsequent editions appearing later. In What Every Mother Should Know, Sanger emphasizes starting education on reproduction early and honestly answering children’s questions. The book acted as a resource for parents and urged readers to be less fearful of approaching the topic with their children. What Every Mother Should Know provided information to the public about sex education and reproductive health, which was scarce during the early twentieth century.

Self-proclaimed female physician Ann Trow was a women’s reproductive health specialist as well as an abortion provider in New York City, New York during the mid 1800s. Though she had no formal medical training or background, Trow provided women with healthcare and abortions under the alias Madame Restell. Restell gained attention across the United States for her career as a professional abortionist during a time when abortions were highly regulated and punishable with imprisonment. Restell was tried numerous times for carrying out abortions. She never confessed to any crimes, but she was convicted on several occasions. Her services as a business woman, medicine producer, abortion provider, boarding house maintainer, and adoption facilitator provided women with solutions to unwanted pregnancies throughout her forty years of healthcare service and made her a subject of widespread controversy in the United States.

In the 1990 case Hodgson v. Minnesota, the US Supreme Court in Washington, D.C., upheld Minnesota statute 144.343, which required physicians to notify both biological parents of minors seeking abortions forty-eight hours prior to each procedure. The US Supreme Court determined that a state could legally require physicians to notify both parents of minors prior to performing abortions as long as they allowed for a judicial bypass procedure, in which courts could grant exceptions. The Supreme Court’s decision in Hodgson v. Minnesota allowed for the enforcement of Minnesota statute 144.343, which changed minors’ abilities to access abortions in Minnesota by requiring parental notification by a physician forty-eight hours prior to each abortion.

In the 1973 court case Doe v. Bolton, the US Supreme Court in Washington, D.C., ruled that a Georgia law regulating abortion was unconstitutional. The Georgia abortion law required women seeking abortions to get approval for the procedure from their personal physician, two consulting physicians, and from a committee at the admitting hospital. Furthermore, under the statutes, only women who had been raped, whose lives were in danger from the pregnancy, or who were carrying fetuses likely to be seriously, permanently malformed were permitted to receive abortions. The US Supreme Court ruled that the Georgia requirements violated the right to privacy implicit in the Fourteenth Amendment to the US Constitution. Decided on the same day as the abortion case Roe v. Wade, Doe v. Bolton expanded women’s access to abortion by striking down laws that restricted the reasons for which women could receive abortions.