17-03-2025
8 things to know about the Comstock Act, impacts on Hawaiʻi
HONOLULU (KHON2) — We've been hearing a lot about the Comstock Act lately, but there hasn't been much discussion on the details and what that will mean for Hawaiʻi.
So, did a bit of digging to find out what exactly the Comstock Act is and how it can impact laws already in place in Hawaʻi things to know about the Comstock Act; How it can impact Hawaiʻi.
The Comstock Act of 1873 played a significant role in restricting women's access to sex-related information and services in the United States. (By sex, we mean female.)
The Act was named after its sponsor, Anthony Comstock. It was a federal law that made it illegal to send or distribute 'obscene' materials via the mail.
This included anything related to contraception, abortion, sexually transmitted infections or sexual education. Anything that dealt with women's health issues were essentially deemed immoral or indecent by the men who ran the United States Congress of that time.
Something you have to remember about this time period. The Civil War had ended less than 10 years earlier. The Southern States were in the midst of a military occupation, and the dead from the conflict was in the millions.
Women had gained a bit of freedom during the war, much like during World War 2 when women were allowed to participate in the workforce; and the population needed to be rebuilt, which cannot be done without women. So, the morality of the day relied heavily on ensuring women provided a population of male workers for the workforce.
Here's how the Comstock Act specifically impacted abortion and reproductive health:
The Comstock Act made it illegal to distribute or even possess materials related to abortion. This meant that books, pamphlets, or any literature that provided information about abortion or how to perform one were forbidden.
Women seeking information or assistance regarding abortion could not access legal or safe Comstock Act also banned the distribution of information about contraceptive methods, which were seen as linked to the practice of abortion.
By limiting women's access to birth control information, the law indirectly forced women into situations where they might seek abortions to address unwanted pregnancies.
Physicians who performed abortions, even for medical reasons, could face serious legal consequences under the Comstock Act.
The law created a climate where doctors were often reluctant to openly discuss or perform abortion procedures, fearing legal repercussions.
This contributed to a lack of accessible, safe medical care for women who might have needed abortion services.
Since the Comstock Act severely restricted the distribution of abortion-related information, women had limited access to safe and legal abortion procedures.
Many were forced to turn to unsafe, unregulated methods, leading to a rise in botched abortions, which could result in injury or death. It wasn't until the 1973 Roe v. Wade decision that women regained legal access to abortion services in many parts of the U.S.
The Comstock Act was a federal law, but states have the power to pass laws that protect or restrict reproductive rights, such as those in Hawaiʻi. Hawaiʻi has rather progressive laws when it comes to the protection of women and women's rights.
If the Comstock Act were revived or enforced more strictly at the federal level, it would not automatically override state laws like those we have in Hawaiʻi.
The U.S. Supreme Court has consistently upheld the concept that states can legislate in ways that protect certain rights. Because, remember, the concept of states' rights was one of the driving factors that led to the Civil War.
Hawaiʻi has strong protections for reproductive rights. The state has laws that protect access to abortion, contraception and education. These include provisions for birth control access, emergency contraception and abortion services.
Hawaiʻi has the legal parameters to use its state laws to protect access to contraception and abortion even if the Comstock Act were reinstituted.
The state would likely challenge the enforcement of any federal law that interferes with its ability to provide reproductive health services.
Like with the Civil War, a conflict could arise if the federal government actively enforced the Comstock Act to restrict access to reproductive healthcare information or services that infringed on the rights of states to determine issues like this for their citizens.
Legal experts predict that states with strong protections, like Hawaiʻi, could push back through litigation or legislative action if the federal government tried to enforce such a law in a way that contradicts the state's laws.
The key concern would be enforcement. The Comstock Act is centered on restricting the mailing and distribution of materials, which could include contraception-related information.
The U.S. Postal Service and other federal agencies could be involved in regulating or preventing the distribution of such materials.
However, enforcement at the local level would likely be difficult to fully implement in states like Hawaiʻi, where the local government has made clear its commitment to reproductive rights.
Basically, the Comstock Act was an important tool in the criminalization of abortion and contraception in the United States during the late 19th and early 20th centuries.
Strong feminist movements were created in the aftermath of the Civil War. Women in the North had come to realize the power of their political involvement. Meanwhile, in the South, women came to understand their economic power. Through the 1870s up until the 1920s, women were a political and economic force to be reconned with.
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So, the Comstock Act greatly restricted women's ability to access information and effectively worked to isolate them from essential knowledge about reproductive health and rights.
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