Embryo Project Encyclopedia Articles

In the late nineteenth century, the Comstock Act of 1873 made the distribution of contraception illegal and classified contraception as an obscenity. Reflecting the predominant attitude towards contraception at the time, the Comstock Act was the first federal anti-obscenity law that targeted contraception. However, social acceptance of birth control changed at the turn of the twentieth century. In this thesis, I analyzed legislation, advocates, and literature pertinent to that social change to report on the events leading up to the decriminalization of contraception.

In the 1930 US federal court case United States v. Dennett, Mary Coffin Ware Dennett was cleared of all charges of violating the anti-obscenity Comstock Act, a charge she had incurred by distributing her sex education pamphlet called The Sex Side of Life: An Explanation for Young People. The United States Postal Service charged Dennett under the Comstock Act, which prohibited the distribution of sex-related materials through the mail. The US Second Circuit Court of Appeals in New York City, New York, ruled that material needed to be considered in context and could not be considered obscene if it was not intended to sexually arouse an individual. The court's ruling in the appeals case of United States v. Dennett questioned the merits of the Hicklin test, used by courts to determine whether an item had an obscene component or intent, and contributed to the dissolution of the Comstock Act, thus legalizing access to materials about contraception and reproductive health.

A licensed obstetrician and gynecologist, Pearl Tang worked to improve the health of women and children in Maricopa County, Arizona, during the twentieth and twenty-first centuries. Her work with the Maricopa County Health Department ranged from immunizations to preventing cervical cancer. Tang obtained federal grants and community support to establish various child and maternal health clinics throughout Maricopa County as chief of the Maricopa County Bureau of Maternal and Child Health. Tang established mobile clinics, including a clinic she called the Maternity Care Bus, to address the lack of access to medical care among rural women in Arizona. She also focused on family planning through education and the distribution of contraception. Tang's efforts in Maricopa Country increased the delivery of maternal, child, and family planning care and helped lower Arizona's infant mortality rate.

Margaret Higgins Sanger advocated for birth control in the United States and Europe during the late nineteenth and early twentieth centuries. Although people used contraceptives prior to the twentieth century, in the US the 1873 Comstock Act made the distribution of information relating to the use of contraceptives illegal, and similar state-level Comstock laws also classified discussion and dissemination of contraceptives as illegal. Sanger helped to repeal the Comstock Act and similar laws so that women could legally use contraceptives to control their fertility and the sizes of their families. In 1916, Sanger opened the first birth control clinic in the US in New York City, New York. Later in life, Sanger formed several advocacy organizations that promoted access to contraception, including the Planned Parenthood Federation of America. Sanger's advocacy increased women's access to contraception and helped change the United States' social and legal perceptions of birth control.

Friedrich Tiedemann studied the anatomy of humans and animals in the nineteenth century in Germany. He published on zoological subjects, on the heart of fish, the anatomy of amphibians and echinoderms, and the lymphatic and respiratory system in birds. In addition to his zoological anatomy, Tiedemann, working with the chemist Leopold Gmelin, published about how the digestive system functioned. Towards the end of his career Tiedemann published a comparative anatomy of the brains of white Europeans, black Africans, and Orangutans, in which he argued that there were no appreciable differences between the structure of the brains of blacks, women, and white European men that would suggest they were intellectually different. Tiedemann also researched the embryonic development of the brain and circulatory systems of human fetuses.

Mary Coffin Ware Dennett advocated for social reform in the United States in the early twentieth century, particularly regarding sex education and women's rights to access contraception. Dennett authored several publications on sex education and birth control laws. She also worked to repeal the Comstock Act, a federal law that made it illegal to distribute obscene materials through the US Postal Services. During the early 1900s, Dennett distributed a pamphlet she wrote on sex education called, The Sex Side of Life, through the post, which triggered a series of legal challenges that contributed to the dismantling of the Comstock Act. Dennett was an advocate for sex education and contraceptives, and her actions helped increase women's access to information about reproductive health.

In 1914, Margaret Sanger published “Family Limitations,” a pamphlet describing six different types of contraceptive methods. At the time Sanger published the pamphlet, the federal Comstock Act of 1873 had made distributing contraceptive and abortion information through the US postal service illegal. The Comstock Act classified contraceptive information as obscene and limited the amount of information available to individuals about preventing pregnancies. In 1915, Sanger’s husband was charged with violating the Comstock Act for distributing “Family Limitations” and was sent to jail for 30 days. The case sparked many birth control activists to lobby for the repeal of the Comstock Act. By inciting controversy during a time when the Comstock Act limited contraception access, Sanger’s pamphlet “Family Limitations” increased women’s knowledge about various methods of preventing pregnancy.

In 1901, the Arizona Territorial Legislature codified territorial law that illegalized advertising, causing, or performing abortions anywhere in Arizona. The 1901 code, in conjunction with the federal Comstock Act, regulated the advertisement and accessibility of abortion services and contraceptives in Arizona. The Federal Comstock Act of 1873 had illegalized the distribution of material on contraceptives and abortions through the US Postal Services by labeling contraceptive and abortive material as obscene. After the passage of that federal law, many states and territories, including Arizona, enacted or codified state or territory-level anti-obscenity laws to augment the federal law's effects. Those laws became called Comstock laws, and Arizona's 1901 laws was its Comstock law. The Arizona Comstock law hindered Arizona women's access to abortion services until the mid twentieth century, when state and federal court decisions dismantled Comstock laws nationwide.

Leonard Hayflick studied the processes by which cells age during the twentieth and twenty-first centuries in the United States. In 1961 at the Wistar Institute in the US, Hayflick researched a phenomenon later called the Hayflick Limit, or the claim that normal human cells can only divide forty to sixty times before they cannot divide any further. Researchers later found that the cause of the Hayflick Limit is the shortening of telomeres, or portions of DNA at the ends of chromosomes that slowly degrade as cells replicate. Hayflick used his research on normal embryonic cells to develop a vaccine for polio, and from HayflickÕs published directions, scientists developed vaccines for rubella, rabies, adenovirus, measles, chickenpox and shingles.

In 2001, the Supreme Court of New Jersey decided a dispute between a divorced couple over cryopreserved preembryos created through in vitro fertilization (IVF) during the coupleÕs marriage. The former wife (J.B.) wanted the preembryos destroyed, while her former husband (M.B.) wanted them to be used for future implantation attempts, such as by an infertile couple. In J.B. v. M.B. (2001), the court declined to force J.B. to become a parent against her will, concluding that doing so would violate state public policy. Instead, the Supreme Court of New Jersey decided that agreements directing the allocation of cryopreserved preembryos will be enforced, unless one party changes his or her mind prior to the preembryosÕ use or destruction. Should a party revoke an earlier decision about the preembryos, New Jersey courts should weigh the partiesÕ interests with special weight given to an individualÕs right to not procreate.