ABORTION POLICY HEALTH
McClellan, Spanberger work to repeal parts of 19th century law that could ban abortion nationally
Effort part of Democratic strategy to keep focus on abortion access ahead of November election, say analysts
BY: CHARLOTTE RENE WOODS - JUNE 28, 2024 5:30 AM
Democrats are finally talking about the Comstock Act and they are finally trying to repeal it. ... The act is a dormant 19th century federal law thats still technically on the books and could be used to implement a national abortion ban. Named for activist Anthony Comstock who pushed for it, the 1873 law prohibits the mailing of every article or thing designed, adapted, or intended for producing abortion, or for any indecent or immoral use.
Dubbed the Stop Comstock Act, U.S. Sen. Tina Smith, D-Minn., announced legislation last week that would repeal portions of it. A House version of the bill is co-sponsored by Virginia Reps. Jennifer McClellan, D-Richmond and Abigail Spanberger, D-Henrico.
More broadly, the Gilded Age-era law focuses on obscene materials such as pornography, but other provisions of it have included abortifacients and contraception. The contraception components were stripped away over the years. While its abortion components have not been enforced, the law has been used in child pornography prosecutions.
Four previous attempts from decades ago to repeal the abortion components of the act have failed and McClellan was candid about how her bill may not see success in the U.S. House right away due to its current GOP control.
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CHARLOTTE RENE WOODS
cwoods@virginiamercury.com
https://twitter.com/charlottewords
Charlotte covers politics for Virginia Mercury following several years of state, local and federal government coverage at other Virginia outlets to include the Richmond Times-Dispatch and Charlottesville Tomorrow. Some focal points of her coverage for Virginia Mercury include health and housing policy.
Virginia Mercury is part of States Newsroom, the nations largest state-focused nonprofit news organization.