The Comstock Act of 1873 is an anti-obscenity law named for anti-vice crusader Anthony Comstock. This piece of legislation made it a federal crime to transport by mail things like contraceptives, pornography, information pertaining to contraceptives, and any medicine or instrument that could be used to procure an abortion.
In the 1970s, provisions in the Comstock Act that made it a crime to mail contraceptives and related materials were repealed, and the law lapsed into obscurity until the fall of Roe v. Wade. However, the legislation remains on the books, and enforcing it could allow for conservatives to crack down on abortions without requiring Congress to pass a new law, which is both difficult and time consuming.
According to the Guttmacher Institute, a research non-profit centered on sexual health and reproduction, nearly two-thirds of all clinician provided abortions are performed with medication, usually a combination of mifepristone and misoprostol. Project 2025, the policy agenda written by conservative think-tank the Heritage Foundation suggests using the 19th century law to effectively ban medication abortion, even in states where abortion rights are protected.
The Stop Comstock Act was introduced by Democratic Senators Tina Smith of Minnesota, and Becca Balint of Vermont in early March. The bill, if passed, would repeal the language surrounding contraceptives, and prevent possible bans on the mailing of abortion medications. Senators John Hickenlooper and Michael Bennet signed on as cosponsors in March and April respectively.
Colorado’s abortion policies are classified as highly protective by the Guttmacher Institute. Private health insurance plans are required to cover the cost of the procedure, and shield laws protect Colorado healthcare providers and out-of-state abortion seekers from other state’s sanctions.
More information on the Comstock Act and the Stop Comstock Act can be found at House.gov and Congress.gov.
