Shrewd in changing its general policy from celibacy to marriage, the church was equally shrewd in perpetuating the doctrine of woman's subjection for its own interest. That doctrine was emphatically stated in the Third Chapter of the First Epistle of Peter and the Fifth Chapter of Paul's Epistle to the Ephesians. In the Douay version of the latter, we find this:

"22--Let women be subject to their husbands as to the Lord.

"23--Because the husband is the head of the wife; as Christ is the head of the Church.

"24--Therefore, as the Church is subject to Christ, so let the wives be to their husbands in all things."

These doctrines, together with the teaching that s.e.x life is of itself unclean, formed the basis of morality as fixed by the Roman church.

Nor does the St. James version of the Bible, generally used by Protestant churches to-day, differ greatly in these particulars from the accepted Roman Catholic version, as a comparison will show.

If Christianity turned the clock of general progress back a thousand years, it turned back the clock two thousand years for woman. Its greatest outrage upon her was to forbid her to control the function of motherhood under any circ.u.mstances, thus limiting her life's work to bringing forth and rearing children. Coincident with this, the churchmen deprived her of her place in and before the courts, in the schools, in literature, art and society. They shut from her heart and her mind the knowledge of her love life and her reproductive functions. They chained her to the position into which they had thrust her, so that it is only after centuries of effort that she is even beginning to regain what was wrested from her.

"Christianity had no favorable effect upon women," says Donaldson, "but tended to lower their character and contract the range of their activity. At the time when Christianity dawned upon the world, women had attained great freedom, power and influence in the Roman empire.

Tradition was in favor of restriction, but by a concurrence of circ.u.mstances, women had been liberated from the enslaving fetters of the old legal forms. They enjoyed freedom of intercourse in society.

They walked in the public thoroughfares with veils that did not hide their faces. They dined in the company of men. They studied literature and philosophy. They took part in political movements. They were allowed to defend their own law cases if they liked, and they helped their husbands in the government of provinces and the writing of books."

And again: "One would have imagined that Christianity would have favored the extension of woman's freedom. In a very short time women are seen only in two capacities--as martyrs and deaconesses (or nuns).

Now what the early Christians did was to strike the male out of the definition of man, and human being out of the definition of woman. Man was a human being made to serve the highest and n.o.blest purposes; woman was a female, made to serve only one."

Thus the position attained by women of Greece and Rome through the exercise of family limitation, and in a considerable degree of voluntary motherhood, was swept away by the rising tide of Christianity. It would seem that this pernicious result was premeditated, and that from the very early days of Christianity, there were among the hierarchy those who recognized the creative power of the feminine spirit, the force of which they sought to turn to their own uses. Certain it is that the hierarchy created about the whole love life of woman an atmosphere of degradation.

Fear and shame have stood as grim guardians against the gate of knowledge and constructive idealism. The s.e.x life of women has been clouded in darkness, restrictive, repressive and morbid. Women have not had the opportunity to know themselves, nor have they been permitted to give play to their inner natures, that they might create a morality practical, idealistic and high for their own needs.

On the other hand, church and state have forbidden women to leave their legal mates, or to refuse to submit to the marital embrace, no matter how filthy, drunken, diseased or otherwise repulsive the man might be--no matter how much of a crime it might be to bring to birth a child by him.

Woman was and is condemned to a system under which the lawful rapes exceed the unlawful ones a million to one. She has had nothing to say as to whether she shall have strength sufficient to give a child a fair physical and mental start in life; she has had as little to do with determining whether her own body shall be wrecked by excessive child-bearing. She has been adjured not to complain of the burden of caring for children she has not wanted. Only the married woman who has been constantly loved by the most understanding and considerate of husbands has escaped these horrors. Besides the wrongs done to women in marriage, those involved in promiscuity, infidelities and rapes become inconsequential in nature and in number.

Out of woman's inner nature, in rebellion against these conditions, is rising the new morality. Let it be realized that this creation of new s.e.x ideals is a challenge to the church. Being a challenge to the church, it is also, in less degree, a challenge to the state. The woman who takes a fearless stand for the incoming s.e.x ideals must expect to be a.s.sailed by reactionaries of every kind. Imperialists and exploiters will fight hardest in the open, but the ecclesiastic will fight longest in the dark. He understands the situation best of all; he best knows what reaction he has to fear from the morals of women who have attained liberty. For, be it repeated, the church has always known and feared the spiritual potentialities of woman's freedom.

And in this lies the answer to the question why the opponent of birth control raises the moral issue. s.e.x morals for women have been one-sided; they have been purely negative, inhibitory and repressive. They have been fixed by agencies which have sought to keep women enslaved; which have been determined, even as they are now, to use woman solely as an a.s.set to the church, the state and the man. Any means of freedom which will enable women to live and think for themselves first, will be attacked as immoral by these selfish agencies.

What effect will the practice of birth control have upon woman's moral development? As we have seen in other chapters, it will break her bonds. It will free her to understand the cravings and soul needs of herself and other women. It will enable her to develop her love nature separate from and independent of her maternal nature.

It goes without saying that the woman whose children are desired and are of such number that she can not only give them adequate care but keep herself mentally and spiritually alive, as well as physically fit, can discharge her duties to her children much better than the overworked, broken and querulous mother of a large, unwanted family.

Thus the way is open to her for a twofold development; first, through her own full rounded life, and next, through her loving, unstrained, full-hearted relationship with her offspring. The bloom of mother love will have an opportunity to infuse itself into her soul and make her, indeed, the fond, affectionate guardian of her offspring that sentiment now pictures her but hard facts deny her the privilege of being. She will preserve also her love life with her mate in its ripening perfection. She will want children with a deeper pa.s.sion, and will love them with a far greater love.

In spite of the age-long teaching that s.e.x life in itself is unclean, the world has been moving to a realization that a great love between a man and woman is a holy thing, freighted with great possibilities for spiritual growth. The fear of unwanted children removed, the a.s.surance that she will have a sufficient amount of time in which to develop her love life to its greatest beauty, with its comradeship in many fields--these will lift woman by the very soaring quality of her innermost self to spiritual heights that few have attained. Then the coming of eagerly desired children will but enrich life in all its avenues, rather than enslave and impoverish it as do unwanted ones to-day.

What healthier grounds for the growth of sound morals could possibly exist than the ample spiritual life of the woman just depicted? Free to follow the feminine spirit, which dwells in the sanctuary of her nature, she will, in her daily life, give expression to that high idealism which is the fruit of that spirit when it is unhampered and unviolated. The love for her mate will flower in beauty of deeds that are pure because they are the natural expression of her physical, mental and spiritual being. The love for desired children will come to blossom in a spirituality that is high because it is free to reach the heights.

The moral force of woman's nature will be unchained--and of its own dynamic power will uplift her to a plane unimagined by those holding fast to the old standards of church morality. Love is the greatest force of the universe; freed of its bonds of submission and unwanted progeny, it will formulate and compel of its own nature observance to standards of purity far beyond the highest conception of the average moralist. The feminine spirit, animated by joyous, triumphant love, will make its own high tenets of morality. Free womanhood, out of the depths of its rich experiences, will observe and comply with the inner demands of its being. The manner in which it learns to do this best may be said to be the moral law of woman's being. So, in whatever words the new morality may ultimately be expressed, we can at least be sure that it will meet certain needs.

First of all, it will meet the physical and psychic requirements of the woman herself, for she cannot adequately perform the feminine functions until these are met. Second, it will meet the needs of the child to be conceived in a love which is eager to bring forth a new life, to be brought into a home where love and harmony prevail, a home in which proper preparation has been made for its coming.

This situation implies in turn a number of conditions. Foremost among them is woman's knowledge of her s.e.xual nature, both in its physiology and its spiritual significance. She must not only know her own body, its care and its needs, but she must know the power of the s.e.x force, its use, its abuse, as well as how to direct it for the benefit of the race. Thus she can transmit to her children an equipment that will enable them to break the bonds that have held humanity enslaved for ages.

To achieve this she must have a knowledge of birth control. She must also a.s.sert and maintain her right to refuse the marital embrace except when urged by her inner nature.

The truth makes free. Viewed in its true aspect, the very beauty and wonder of the creative impulse will make evident its essential purity.

We will then instinctively idealize and keep holy that physical-spiritual expression which is the foundation of all human life, and in that conception of s.e.x will the race he exalted.

What can we expect of offspring that are the result of "accidents"--who are brought into being undesired and in fear? What can we hope for from a morality that surrounds each physical union, for the woman, with an atmosphere of submission and shame? What can we say for a morality that leaves the husband at liberty to communicate to his wife a venereal disease?

Subversion of the s.e.x urge to ulterior purposes has dragged it to the level of the gutter. Recognition of its true nature and purpose must lift the race to spiritual freedom. Out of our growing knowledge we are evolving new and saner ideas of life in general. Out of our increasing s.e.x knowledge we shall evolve new ideals of s.e.x. These ideals will spring from the innermost needs of women. They will serve these needs and express them. They will be the foundation of a moral code that will tend to make fruitful the impulse which is the source, the soul and the crowning glory of our s.e.xual natures.

When women have raised the standards of s.e.x ideals and purged the human mind of its unclean conception of s.e.x, the fountain of the race will have been cleansed. Mothers will bring forth, in purity and in joy, a race that is morally and spiritually free.

CHAPTER XV

LEGISLATING WOMAN'S MORALS

One of the important duties before those women who are demanding birth control as a means to a New Race is the changing of our so-called obscenity laws. This will be no easy undertaking; it is usually much easier to enact statutes than to revise them. Laws are seldom exactly what they seem, rarely what their advocates claim for them. The "obscenity" statutes are particularly deceptive.

Enacted, avowedly, to protect society against the obscene and the lewd, they make no distinction between the scientific works of human emanc.i.p.ators like Forel and Ellis and printed matter such as they are ostensibly aimed at. Naturally enough, then, detectives and narrow-minded judges and prosecutors who would chuckle over pictures that would make a clean-minded woman shudder, unite to suppress the scientific works and the birth-control treatises which would enable men and women to attain higher physical, mental, moral and spiritual standards.

Woman, bent upon her freedom and seeking to make a better world, will not permit the indecent and unclean forces of reaction to mask themselves forever behind the plea that it is necessary to keep her in ignorance to preserve her purity. In the birth-control movement, she has already begun to fight for her right to have, without legal interference, all knowledge pertaining to her s.e.x nature. This is the third and most important of the epoch-making battles for general liberty upon American soil. It is most important because it is to purify the very fountain of the race and make the race completely free.

The first and most dramatic of the three great struggles for liberty reached its apex, as we know, in the American Revolution. It had for its object the right to hold such political beliefs as one might choose, and to act in accordance with those beliefs. If this political freedom is now lost to us, it is because we did not hold strongly enough to those liberties fought for by our forefathers.

Nearly a hundred years after the Revolution the battle for religious liberty came to a climax in the career of Robert G. Ingersoll. His championship of the much vaunted and little exercised freedom of religious opinion swept the blasphemy laws into the lumber room of outworn tyrannies. Those yet remaining upon the statute books are invoked but rarely, and then the effort to enforce them is ridiculous.

Within a few years the tragic combination of false moral standards and infamous obscenity laws will be as ridiculous in the public mind as are the now all but forgotten blasphemy laws. If the obscenity laws are not radically revised or repealed, few reactionaries will dare to face the public derision that will greet their attempts to use them to stay woman's progress.

The French have a saying concerning "mort main"--the dead hand. This hand of the past reaches up into the present to smother the rising flame of modern ideals, to reforge our chains when we have broken them, to arrest progress. It is the hand of such as have lived on earth but have not loved humanity. At the call of those who fear progress and freedom, it rises from the gloom of forgotten things to oppress the living.

It is the dead hand that holds imprisoned within the obscenity laws all direct information concerning birth control. It is the dead hand that thus compels millions of American women to remain in the bondage of maternity.

Previous to the year 1868, the obscenity laws of the various states in the Union contained no specific prohibition of information concerning contraceptives. In that year, however, the General a.s.sembly of New York pa.s.sed an act which specifically included the subject of contraceptives. The act made it exactly as great an offense to give such information as to exhibit the sort of pictures and writings at which the legislation was ostensibly aimed.

In 1873, the late Anthony Comstock, who with a list of contributors, most of whom did not realize the real effects of his work, const.i.tuted the so-called Society for the Suppression of Vice, succeeded in obtaining the pa.s.sage of the federal obscenity act. This act was presented as one to prevent the circulation of p.o.r.nographic literature and pictures among school children. As such, it was rushed through with two hundred sixty other acts in the closing hours of the Congress. This act made it a crime to use the mails to convey contraceptives or information concerning contraceptives. Other acts later made the original law applicable to express companies and other common carriers, as well as to the mails.

With this precedent established--a precedent which a majority of the congressmen could hardly have understood because of the hasty pa.s.sage of the act--Comstock secured the enactment of state laws to the same effect. Meanwhile, the provisions regarding contraceptives had been dropped from the amended New York State law of 1872. In 1873, however, a new section, said to have been drafted by Comstock himself, was subst.i.tuted for the one enacted in 1872, and that section is essentially the substance of the present law. None of these acts made it an offense to prevent conception--all of them provided punishment for anyone disseminating information concerning the prevention of conception. In the federal statutes, the maximum penalties were fixed at a fine of $5,000 or five years imprisonment, or both. The usual maximum penalty under a state law is a fine of $1,000 or one year's imprisonment, or both.

Comstock has pa.s.sed out of public notice. His body has been entombed but the evil that he did lives after him. His dead hand still reaches forth to keep the subject of prevention of conception where he placed it--in the same legal category with things unclean and vile. Forty years ago the laws were changed and the chief work of Comstock's life accomplished. Those laws still live, legal monuments to ignorance and to oppression. Through those laws reaches the dead hand to bring to the operating table each year hundreds of thousands of women who undergo the agony of abortion. Each year this hand reaches out to compel the birth of hundreds of thousands of infants who must die before they are twelve months old.

Like many laws upon our statute books, these are being persistently and intelligently violated. Few members of the well-to-do and wealthy cla.s.ses think for a single moment of obeying them. They limit their families to one, two or three well-cared-for children. Usually the prosecutor who presents the case against a birth-control advocate, trapped by a detective hired by the Comstock Society, has no children at all or a small family. The family of the judge who pa.s.ses upon the case is likely to be smaller still. The words "It is the law" sums it all up for these officials when they pa.s.s sentence in court. But these words, so magical to the official mind, have no weight when these same officials are adjusting their own private lives. They then obey the higher laws of their own beings--they break the obsolete statutes for themselves while enforcing them for others.

This is not the situation with the poorer people of the United States, however. Millions of them know nothing of reliable contraceptives.

When women of the impoverished strata of society do not break these laws against contraceptives, they violate those laws of their inner beings which tell them not to bring children into the world to live in want, disease and general misery. They break the first law of nature, which is that of self preservation. Bound by false morals, enchained by false conceptions of religion, hindered by false laws, they endure until the pressure becomes so great that morals, religion and laws alike fail to restrain them. Then they for a brief respite resort to the surgeon's instruments.

For many years the semi-official witch hunting of the Comstock organization had a remarkable and a deadly effect. Everyone, whether it was novelist, essayist, publicist, propagandist or artist, who sought to throw definite light upon the forbidden subject of s.e.x, or upon family limitation, was prosecuted if detected. Among the many books suppressed were works by physicians designed to warn young men and women away from the pitfalls of venereal diseases and s.e.xual errors. The darkness that surrounded the whole field of s.e.x was made as complete as possible.