Hobby Lobby: Birth Control and the Law

Birth control activists Margaret Sanger and Fania Mindell inside the Brownsville birth control clinic, circa October 1916

Birth control activists Fania Mindell and Margaret Sanger inside the Brownsville birth control clinic, circa October 1916

In 1964, when I was a 16-year-old college freshman, my Bronx pediatrician asked if I was sexually active, and offered to prescribe birth control whenever I started having sex.

In 1964, his doing so was legal in New York because of a 1918 ruling by Judge Frederick E. Crane of the New York Court of Appeals, but not in Massachusetts, where I was in school.

Birth control is only legal in this country because of a concerted campaign of civil disobedience carried out by Margaret Sanger and her followers. Here is a brief look at the legal history of birth control in the United States.


In 1917, a judge opined that women did not have “the right to copulate with a feeling of security that there will be no resulting conception.”


In 1873, the Comstock Act was passed into law, making the dissemination of “obscene” material through the mail illegal. Any attempts in the early part of the 20th century to teach about sexuality and the prevention of pregnancy — including Margaret Sanger’s work as well as Mary Ware Dennett’s The Sex Side of Life, which she wrote for her sons when she could not find any adequate literature to assist in educating them — were prosecuted under the Comstock Act.

Margaret Sanger witnessed her mother’s early death after 11 live births and seven miscarriages. Later, as a nurse on New York’s Lower East Side, she witnessed poor women dying from attempting to abort unwanted or dangerous pregnancies. She decided to challenge the Comstock Act. Continue reading

The Short History of Our Right to Contraceptives: Eisenstadt v. Baird 40 Years Later

Bill Baird

Recent controversy over the Affordable Care Act’s contraception mandate has served as a reminder of how shaky our rights to contraception can be. Although 99 percent of women have used contraception at some point in their lives, access to contraception is still subject to challenges. Section 2713 of the Affordable Care Act mandated that employers’ health plans include coverage for contraceptives without co-pays or deductibles. Critics attacked the law as unfair to religious institutions that oppose the use of contraceptives. Responding to pressure, the Obama White House offered a compromise that shifted the responsibility for coverage from any religious institution opposed to the mandate to the employees’ health insurance.


The right of unmarried Americans to obtain contraceptives was only established 40 years ago.


Our rights to contraception are not only shaky at times, but also not long established. When people think of celebrities like Marlon Wayans, Cameron Diaz, or Maya Rudolph, old age is probably not what comes to mind. However, what they have in common is that they were each born in 1972, the year the U.S. Supreme Court decided the case Eisenstadt v. Baird (405 U.S. 438), a landmark decision that guaranteed unmarried couples the same access to birth control as married couples. March 22 of this year marks the 40th anniversary of this court victory for reproductive rights activist Bill Baird, and for the reproductive freedoms he defended in the U.S. Supreme Court. Continue reading