In 1942 and 1948 bills legalizing birth control for married women were defeated in the Massachusetts legislature. The organization subsequently abandoned attempts to change the law but decided to use the right of free speech to educate people about the importance of family planning. In 1945 it changed its name to the Planned Parenthood League of Massachusetts.

One of the major services of the organization now is counseling, discussing with clients proper birth control methods, including sterilization, and the possibility of therapeutic abortion for those "unhappily pregnant." Because of the 1966 bill legalizing contraceptive care and prescriptions for married persons, the organization can now refer clients to doctors who will give them prescriptions for the pill.

IV

Betsy described a typical interview with a woman coming for advice about an unwanted pregnancy. "At least 50 per cent of them say that they weren't using a contraceptive at the time of conception. My response is, 'Why not? Didn't you know you could get pregnant?' Many say that it was the first time they had had intercourse without using one, or that it was the first time they had slept with anyone. They can't believe that one time can do it."

"What's even more appalling is that over 25 per cent of them believe that they can use the rhythm method as an effective means of contraception. I've had professional men in their 30's and 40's come in here saying that they've used the rhythm method for ten years and suddenly their wives have become pregnant. They don't know that it's almost assured that sooner or later, usually sooner, the rhythm method will fail."

V

At this point a tall man with disheveled hair and a wrinkled shirt came into the room. Betsy explained what I was doing, and the word "abortion" seemed to trigger an explosion in his mind. It was 5:30 in the afternoon, Betsy's contact lenses were bothering her, and frustration poured out of him in a massive harangue.

"Our society is responsible for the high abortion rate in this country. It's not just blind stupidity, the country is sick. We're afraid to touch each other, afraid to get close to each other, because of all the phony moralistic ideas about sex. Current books and movies flaunt sex in young people's faces, but at the same time the society is saying, it's wrong, don't do it. It's got people so hung up that they can't talk to each other. We have to face the fact that we're all sexual beings, and we've got to learn to take the responsibility for our sexuality."

VI

He stormed out of the room. Betsy told me that he was William Stromm, executive director of PP. "He gets very worked up, but in a sense he's right. The attitude of the young in this country is different now from what it was even ten years ago. It's trite, but I think we tend to live dangerously, take more chances. Of course that behavior is going to include sex. It's just incredibly unfortunate that the laws are made for twenty years ago, and even then they were unfair."

VII

Massachusetts' current law on abortion is potentially one of the most liberal in the United States. Sections 19 and 21 of Chapter 272 of the General Laws impose a criminal penalty on anyone who "unlawfully" uses instruments, etc., with intention to procure an abortion or who "sells, lends, gives away, etc. . . . any instrument for the prevention of conception or for causing unlawful abortion."

The word "unlawful" implies that there is such a thing as a lawful abortion, and recent court cases have established the criteria determining the legality of such operations. In the case of Commonwealt v. Brunelle, 1961, the Massachusetts Supreme Judicial Court ruled, "We have held that a physician is justified in effecting an abortion where he has exercised his skill and judgment in the honest belief that his acts were necessary to save the woman from great peril to her life or health. . . ."

"It was said in Commonwealth v. Wheeler, . . . 'a physician may lawfully procure the abortion of a patient if in good faith he believes it to be necessary to save her life or to prevent serious impairment of her health, mental or physical, and if his judgment corresponds with the general opinion of competent practitioners in the community in which he practices.' "

Although the clause allowing abortion on the grounds of mental health appears liberal, the problem in Massachusetts rests in the final clause. Boston hospitals vary in their practices, but most require the consent of two psychiatrists, the woman's gynecologist and the chief of the gynecology department before they will allow an abortion to be performed. A veto by one of these men usually means the rejection of the case.

Many factors influence Boston doctors in making the decision to accept or refuse an abortion case. Department heads fear that if they allow too many abortions, their hospital will become known as an abortion clinic. So if they accept an unusually large number of cases one month, they are likely to cut the number drastically in the next, even though the cases are similar. Some hospitals have considered setting up a quota, so abortions would be done on a first-come, first-served basis.

Most Boston hospitals demand that the consenting doctors be members of the hospital staff. Also, most require a previous history of mental illness. Some ask for parental permission, although most have adopted the emancipated minor' policy. If a girl has been living away from home, is self-supporting, and asks that her parents not be notified, she is considered an emancipated minor, and parental permission is waived.

VIII

English laws, although they resemble Massachusetts policy on paper, are much more liberal and are liberally interpreted. There are four general conditions for abortion, any one of which is sufficient:

The continuance of the pregnancy would involve risk to the life of the pregnant woman greater than if the pregnancy were terminated;