She had, despite her intentions, become a leader in the birth-control movement. Letters poured in from those desperate for her help. “Mostly coming from poor uneducated women, the letters begged for the ‘secret’ to smaller families. Sick and weakened from a lifetime of serial pregnancies, these women were desperate to stem the unrelenting tide of births. Some of these women had ten, eleven, twelve children—and little means of financial support,” Constance wrote.
Unlike the Army of Three, who would receive similarly desperate letters 40 years later, Mary was unwilling to run afoul of the existing laws. “It is absolutely illegal to mail any contraceptive information anywhere in the country,” she would reply. “Of course the laws are broken all the time. That is why it is time to repeal it. I hope you will help us accomplish it.” Privately, she would lament her organization’s failure to change those laws and leaving “those worried souls dangling.”
Since she’d first written “The Sex Side of Life,” some of Mary’s opinions had softened. Masturbation’s primary harm was the shame placed on it, not the act itself, she said. Also, when asked, she cast little shame upon homosexuality, or at least lesbianism, so long as it wasn’t permanent. She still viewed heterosexual intercourse with a partner to be the highest form of physical pleasure, and that all sex should be “purposeful.”
On Jan. 2, 1929, Mary, now 56, received notification that she had been indicted for “an alleged violation of the United States Criminal Code.” Fully 14 years later, someone had complained about the subject matter of “The Sex Side of Life: An Explanation for Young People.”
She appeared at the courthouse when summoned and sat alongside the poor, the starving, and the still sobering up. She noted that the “adjoining toilet facilities were unspeakably horrid—no sex discrimination there—and conditions of ancient dirt were so bad that a description of them would be, in the language of the indictment, ‘unfit to be spread on the records of the Honorable Court.” She noted, too, the “irony of being held on the charge of being ‘filthy,’ in a place that was positively nasty.”
Months of postponements, courtroom appearances, witness gathering, and jury selection followed. On April 23, 1929, the trial began and Mary’s name was once again in the newspapers.
U.S. District Attorney James E. Wilkinson presented the case of a Mrs. Carl A. Miles, who had made the complaint about “The Sex Side of Life,” while Morris Ernst, a lawyer with the ACLU, volunteered to represent Mary. James’s entire argument would proceed without witnesses, not even Mrs. Miles. Instead, he claimed the pamphlet itself would be his only evidence. As Constance described, he gave a “dramatic reading of his ‘evidence,’ in a ‘droning low tone, except in those portions which he considered most “filthy.”’” Mary, he insisted, was a “corruptor of young minds!” He objected continuously, interrupting any witness testimony, including Mary’s, and frequently monologued to the jury with the judge’s consent.
“And the author of this pamphlet even suggests that birth control will eventually be practiced,” he said. “Birth control!—hitting at the very foundation of government!...What will happen if our national standard falls so low, I ask? Where will our soldiers come from in our hour of need?”
For his part, Morris argued that the information in “The Sex Side of Life” was apparently not considered obscene by its vocal champions, which “ranged from conservative groups such as the YMCA and Union Theological Seminary to avant-garde intellectuals such as John Dewey and Havelock Ellis.” But despite this, the jury took only 42 minutes to return a guilty verdict.
“Sons See Mother Convicted for Work to Help The[m],” read a subhead in South Carolina’s Florence Morning News, a sample of the tone of much of the coverage. “Churches, Social and Child Welfare Heads Find No Harm.” The public outcry was immediate and widespread at seeing this “grandmother” convicted. The influential and powerful in Mary’s social circle spoke in her defense. (Ex-husband Hartley was in contact with his sons, primarily Devon, but had little to say about their mother’s situation).
Morris noted, as Constance said, “that never before had a pamphlet or book been accepted by a community for ten years, and then been attacked and suppressed by the courts.” He also did some investigating into the elusive Mrs. Carl A. Miles, who had brought the complaint. James had said she was actually herself representing a branch of the Daughters of the American Revolution. Members of DAR refuted the claim, and the story began to unravel. Investigative reporters hunted down the truth: There was no Mrs. Carl A. Miles.
“Apparently,” Constance wrote, “the post office, in an effort to rid themselves of Dennett’s persistent activism, had completely fabricated a non-existent opponent.”
At this news, Mary became even more of a cause célèbre, and public opinion was fully on her side. Congressmen who had refused to take meetings, or reneged on support years earlier, now rushed to praise her in the media. The Mary Ware Dennett Defense Committee formed, and the appeal trial began on Jan. 15, 1930. Meanwhile, “The Sex Side of Life” had never been more in demand. Mary mailed them out, and sold them in bookstores. On March 30, a new decision was handed down: The guilty verdict was reversed. As the only evidence had been the content of pamphlet itself, the content was examined and determined to not be obscene.
“‘The Sex Side of Life’ was eventually translated into fifteen languages,” Constance said, “and it went into twenty-three printings.” Mary would write more books and articles on sex education, and on birth control, though Margaret Sanger continued to target her for any of her work related to contraceptives. In 1931, Mary sent Margaret a letter that would receive no response. “Forget, please, that you have not liked me any too well,” she wrote. “I have never had any ambition or bent toward being a public character. You are that by force of personality and the course of events. I shall only be too glad to help you if you will rise to your present chance to be both big and true, and my help will be quiet in proportion as your stand is forthright and steadfast.”
In her later years, Mary spent more time with her first love, Arts and Crafts, speaking on the topic in her radical feminist circles. As she entered her 60s, she moved in with son Devon. She was involved with as many activist organizations as ever—which kept her “a thorn in the side of Margaret Sanger,” Constance said.
In 1945, 73-year-old Mary relocated again, this time to “a home for the elderly” in Valatie, two hours north of New York City. She and Hartley never reconciled, though both, privately, expressed regrets toward one another. She died on July 25, 1947, at age 75.
Sources:
“The Sex Side of Life:” Mary Ware Dennett’s Pioneering Battle for Birth Control and Sex Education by Constance M. Chen
Wikipedia: Mary Dennett
AP News: “Trump’s ‘tough it out’ advice to expectant moms is the latest example of men opining on women’s pain” by Laurie Kellman
SupremeCourt.gov: Dobbs, State Health Officer of the Mississippi Department of Health, et al vs. Jackson Women’s Health Organization, et al.
Los Angeles Times: The sinister message behind Trump telling pregnant women to ‘tough it out’ by Irin Carmon
Johns Hopkins University: Understanding the Evidence on Pregnancy, Tylenol, and Autism
Journal of the American Medical Association:
Acetaminophen Use During Pregnancy and Children’s Risk of Autism, ADHD, and Intellectual Disability
NIH: Expertise and the “new science” of eugenics; National Library of Medicine: Acetaminophen’s Role in Autism and ADHD: A Mitochondrial Perspective
Daily Gleaner – Feb. 18, 1913: Divorces Man Who “Loved All Women”
The Evening World – Oct. 7, 1912: American Parenthood From the Viewpoint of a Suffragette Mother
Williston Northampton School: Northampton School of Girls – And After
Five Colleges Compass: Bessie Capen, Professor of Chemistry, 1877-1880
The MET: The Arts and Crafts Movement in America
Medical Review of Reviews