“I should say that the majority of women (happily for society) are not troubled by sexual feelings of any kind,” wrote William Acton in an 1857 medical tract. Some fifteen years later Acton’s evidence-free assumption was echoed by Postal Inspector Anthony Comstock, the founder of The New York Society for the Suppression of Vice. Comstock’s organization had been formed to monitor and enforce morality in public behavior, emphasizing in particular, the conduct of women. Any discourse on women’s sexual behavior, according to Comstock was “obscene, indecent, lewd, and immoral,” period. (Chauvinism appears to be timeless). Galvanized by his puritanical convictions, Mr. Comstock set about cleansing the moral conduct of the people of New York. (Note the Society’s Seal, above, depicts book burning, as a legitimate means to his ends.)
Finding momentum statewide, Comstock took his crusade to Washington DC, where he convinced the US Postmaster General to battle unacceptable behaviors on a national scale. Soon Congress complied with passage of the Comstock Act in 1873. This law declared that any correspondence touching on women’s birth control, contraception, and abortion were prohibited from the US mail.
Among Comstock’s many opponents, and there were more than a few, reformer and free-thinker, Ezra Heywood defied the law, publishing articles and books supporting women’s rights, and defending female sexual freedom. Mr. Heywood most notorious work, Cupid’s Yoke, insisted marriage an act of equality and balance between a man and a woman, quickly attracting government attention, when he was promptly arrested for his writings. In court, Heywood continued to argue that women were capable of controlling their own lives, and bodies, insisting the Comstock Act was destroying the liberty of conscience. Further, Heywood insisted women ought, and must have a voice in determining the size of their own families. Apparently just expressing such thoughts was enough to prove obscenity, and Heywood headed to jail for his persistence.
In the early 20th Century another movement targeted morals, this time in the film industry. Postmaster General, Will Hays, threatened Hollywood studios either to establish standards in motion picture content or the government would do the job. Known as the Hays Code, the studios prohibited profanity, nudity, violent sexuality, race mixing, and lustful kisses on the screen. In an interesting side note the film that sparked the controversy was 1934’s release of Tarzan. Maureen O’Sullivan’s Jane swimming naked alongside Johnny Weissmuller’s Tarzan sparked the scandal. Twenty Yale students, for example, stepped in front of a theater screen to halt the movie in New Haven, Connecticut.
Mr. Hay’s code remained in effect from 1934 until 1968, when the Supreme Court ruled films are art, and thus protected by the First Amendment. In place of the code, the Motion Pictures Association instead instituted the rating system we are accustomed to today.
The specter of the Comstock Law, and the Hays Code still casts a long shadow over American culture. Instead of concentrating on public policy, and other issues; power grids, global warming, gun violence, and infrastructure, (plus many more) politicians push their private notions of morality upon the rest of us.
Women’s sexuality and healthcare are not obscene matters, nor are they open for public debate. A fixture of the 19th, and early 20th centuries was the norm known as coveture. By definition coveture meant the husband acted for his wife in all areas of life. She could not vote, nor own property in her own right, and her children belonged to her husband. She belonged to her husband. No wonder Mr. Comstock and Mr. Hays found such success in their efforts.
Those artifacts of another less enlightened age are over. Exploiting the pendulum of political opportunity, giving and taking rights from women, will no longer wash. The overturning of Roe, the war on medical aid in pregnancy, the patchwork of state reproduction laws, (14 states ban abortions from the moment of fertilization*) implies something deeply sinister. Women cannot be trusted to think for themselves, possess no self-agency like minors, or the severely mentally ill.
Absurd.
Attempting to regulate 50.4%** of the US population, (there are 100 women to every 97 men) has caused irreparable political harm to those behind today’s archaic, and reactionary movement.
See you all at the polls.
*Axios, Dec. 15, 2023
**www.census.gov
Gail Chumbley is the author of the two-part memoir, “River of January,” and “River of January:Figure Eight.” Chumbley has penned three stage plays, “Clay” about Statesman Henry Clay, “Wolf By The Ears,” an exploration of slavery and racism, and “Peer Review,” on Presidential character.
The only thing new in the world is the history you don’t know. Harry Truman


