OpinionJune 14, 2024
Steve McGehee For the Daily News
Steve McGehee
Steve McGehee

June 7 passed largely without notice. And yet, on that day in 1965, a very different Supreme Court from that which overturned Roe v. Wade two years ago struck down a Connecticut law enacted in 1879. Drafted by state legislator P.T. Barnum, the law forbade married couples access to contraception.

As readers may remember from a previous column (and the Old Testament leaves no doubt), sexual congress between consenting couples have one sanctioned purpose and that is childbirth. To do otherwise is to violate God’s commandments and practices such as coitus interruptus is punished by death administered by no less a personage than the Big Guy himself.

After 1965, the law of the land finally allowed married couples to have physical knowledge of each other for mutually affirming reasons having little or nothing to do with populating the earth. The rights guaranteed under the Griswold v. Connecticut ruling were, in 1972, extended to unmarried couples as well in Eisenstadt v. Baird.

The Connecticut statute in question was enacted in the aftermath of the federal law passed by Congress in 1873, the Comstock Act. This law had made provision of contraception into a federal crime. As expected, real-world consequences soon followed, with 24 states passing their own laws restricting access to contraception.

In 1916, Margaret Sanger, believing that reproductive free choice was foundational for the liberation of women from poverty and subservience, defied New York law, opened the nation's first birth control clinic in Brooklyn and served 30 days in prison for her crime. She went on to found Planned Parenthood.

Around the same time, activist firebrand Emma Goldman was arrested twice for violating the same New York prohibition. She, too, was imprisoned in 1916 for the crime of disseminating information about birth control.

Time moves on and with it, attitudes toward a lot of once controversial things. The dam broke with Griswold and, by 1973, the High Court defended in Roe v. Wade the principle that the Constitution protected a woman's right to control her own reproductive freedom. Even barriers to homosexuality soon came crashing down. In 2003, in a pivotal case, Lawrence v. Texas, the Supreme Court ruled that the 14th Amendment protected even gay women and men. They could henceforth have sex without fear of government watchdogs peering through their bedroom curtains. Then, in 2015, in the landmark Obergefell v. Hodges decision, same-sex couples were finally allowed to marry.

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Winds shifted again on the Court and, for the first time in Constitutional history, a right of citizenship once guaranteed was taken away. The Dobbs decision, just like the Comstock Act before it, opened the floodgates and, what was once sanctioned nationwide, was left up to the state legislatures.

The assault by evangelicals on sexual freedom hasn’t stopped with Dobbs. Anyone believing that making abortion nearly impossible to obtain would satisfy the lust for vengeance of those for whom sex is a dirty word haven't read the Old Testament.

Or read Justice Clarence Thomas’ concurring opinion on Dobbs where he wrote that the Supreme Court should “reconsider all of the courts sustainable due process precedents including Griswold, Lawrence and Obergefell."

For heterosexual adults of reproductive age and anyone gay or lesbian should sit up and take notice. In the ruling which guaranteed marital rights to same-sex couples, there were four dissenters. Thomas, Roberts, Alito and Scalia. Three still sit on the High Court and Scalia’s replacement and two others were nominated by Donald Trump to cement his hold on the religious extremists which make up his most loyal base of support.

Assume you're a hetero adult and view sexuality as a healthy component of human existence with no necessary connection to adding more children to an already overcrowded world. Griswold hangs by a thread. Or perhaps you're part of a gay married couple and thought your rights were guaranteed. Just this week, Senate Democrats introduced a bill in Congress codifying citizens’ rights to contraception. With but two dissenters, both women, Republican senators in lockstep voted the bill down.

Think your rights under the Constitution are inviolable? Better think again before voting Republican for any officeholder at the state or federal levels.

McGehee, a lifelong activist, settled here in 1973 and lives in Palouse with his wife, Katherine. His work life has varied from bartender to university instructor to wrecking yard owner.

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