Brothers in Arms, Part 1: Racist Anti-Abortion Rhetoric from the Restell Years to Roe v. Wade

Newspaper illustration of Madame Restell in jail, February 23, 1878

This article is our first installment in a series that explores the historical and contemporary links between racial intolerance and opposition to abortion, from the fears of immigration that fueled abortion prohibition in the late 1800s to the gender-based hatred rooted in today’s white nationalist resurgence.

In the battle over abortion, Kentucky was this year’s ground zero. In Louisville, the EMW Women’s Surgical Center fought to keep its doors open, as a governor, a legislature, and a base of activists — all hostile to abortion — made it their mission to shut the clinic down. For reproductive justice advocates, the stakes were high, as EMW stands as the only abortion provider in Kentucky, the last one in a state that had more than a dozen such providers in the late 1970s.


In the 19th century, opposition to abortion was fueled by racist paranoia.


The situation in Louisville was emblematic of a national phenomenon. In 2011, state legislatures entered a fever pitch, passing new restrictions on abortion, including ultrasound requirements, waiting periods, state-mandated counseling, and prohibitions against telemedicine care and abortion medications. Within a few years, more than 200 restrictions were enacted, and by early 2016, The Washington Post was reporting that 162 abortion providers had closed in their wake.

Boom Years for Abortion

When Ann Lohman first opened her abortion practice, her experience could not have stood in starker contrast to the battle of attrition against regulations and harassment that shutters many of today’s providers. If there were any challenges to keeping her doors open, it was competing with the many other providers who clamored for attention, with advertisements in newspapers, popular magazines, and even religious publications. Lohman’s own advertising budget, to stand out from the crowd, eventually reached $60,000 a year.

Lohman’s experience, like the EMW Center’s, was a sign of the times — but they were very different times.  Continue reading

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