Griswold v. Connecticut - wikipedia Griswold v. Connecticut Griswold v. Connecticut Supreme Court of the United States Argued March 29, 1965 Decided June 7, 1965 Full case name Estelle T. Griswold and C. Lee Buxton v. Connecticut Citations 381 U.S. 479 ( more ) 85 S. Ct. 1678 ; 14 L. Ed. 2d 510 ; 1965 U.S. LEXIS 2282 Prior history Defendants convicted, Circuit Court for the Sixth Circuit, 1 - 2 - 62 ; affirmed, Circuit Court, Appellate Division, 1 - 7 - 63 ; affirmed, 200 A. 2d 479 ( Conn. 1964 ) Subsequent history None Holding A Connecticut law criminalizing the use of contraceptives violated the right to marital privacy. Connecticut Supreme Court reversed. Court membership Chief Justice Earl Warren Associate Justices Hugo Black William O. Douglas Tom C. Clark John M. Harlan II William J. Brennan Jr. Potter Stewart Byron White Arthur Goldberg Case opinions Majority Douglas, joined by Warren, Clark, Brennan, Goldberg Concurrence Goldberg, joined by Warren, Brennan Concurrence Harlan Concurrence White Dissent Black, joined by Stewart Dissent Stewart, joined by Black Laws applied U.S. Const. amends. I, III, IV, V, IX, XIV ; Conn. Gen. Stat. § § 53 - 32, 54 -- 196 ( rev. 1958 ) Griswild v. Connecticut, 381 U.S. 479 ( 1965 ), is a landmark case in the United States about access to contraception. The case involved a Connecticut `` Comstock law '' that prohibited any person from using `` any drug, medicinal article or instrument for the purpose of preventing conception. '' The court held that the statute was unconstitutional, and that `` the clear effect of ( the Connecticut law... ) is to deny disadvantaged citizens (... ) access to medical assistance and up - to - date information in respect to proper methods of birth control. '' By a vote of 7 -- 2, the Supreme Court invalidated the law on the grounds that it violated the `` right to marital privacy '', establishing the basis for the right to privacy with respect to intimate practices. This and other cases view the right to privacy as a right to `` protect ( ion ) from governmental intrusion. '' Although the Bill of Rights does not explicitly mention `` privacy '', Justice William O. Douglas wrote for the majority that the right was to be found in the `` penumbras '' and `` emanations '' of other constitutional protections, such as the self - incrimination clause of the Fifth Amendment. Douglas wrote, `` Would we allow the police to search the sacred precincts of marital bedrooms for telltale signs of the use of contraceptives ? The very idea is repulsive to the notions of privacy surrounding the marriage relationship. '' Justice Arthur Goldberg wrote a concurring opinion in which he used the Ninth Amendment in support of the Supreme Court 's ruling. Justice Byron White and Justice John Marshall Harlan II wrote concurring opinions in which they argued that privacy is protected by the due process clause of the Fourteenth Amendment. Contents 1 Background 2 Court 's decision on relationship with the right to privacy 3 Precedence for later cases 3.1 Right to birth control for unmarried couples, 1972 3.2 Right to abortion for any woman, 1973 3.3 Right to contraception for juveniles at least 16 years of age, 1977 3.4 Right to homosexual relations, 2003 3.5 Right to same - sex marriage, 2015 4 See also 5 References 6 Further reading 7 External links Background Estelle Griswold standing outside the Planned Parenthood clinic in April, 1963, which was closed pending a decision of the U.S. Supreme Court regarding a Connecticut state law forbidding the sale or use of contraceptives. Griswold v. Connecticut originated as a prosecution under the Connecticut Comstock Act of 1873. The law made it illegal to use `` any drug, medicinal article, or instrument for the purpose of preventing conception (... ) ''. Violators could be `` (... ) fined not less than fifty dollars or imprisoned not less than sixty days nor more than one year or be both fined and imprisoned. '' By the 1950s, Massachusetts and Connecticut were the only two states that still had such statutes, although they were almost never enforced. In the late 19th and early 20th century, physicians in the United States largely avoided the publication of any material related to birth control, even when they often recommended or at least gave advice regarding it to their married patients. Then in 1914, Margaret Sanger openly challenged the public consensus against contraception. She influenced the Connecticut Birth Control League ( CBCL ) and helped to develop the eventual concept of the Planned Parenthood clinics. The first Planned Parenthood clinic in Connecticut opened in 1935 in Hartford. It provided services to women who had no access to a gynecologist, including information about artificial contraception and other methods to plan the growth of their families. Several clinics were opened in Connecticut over the following years, including the Waterbury clinic that led to the legal dispute. In 1939, this clinic was compelled to enforce the 1879 anti-contraception law on poor women patients. This caught the attention of the CBCL leaders, who remarked on the importance of birth control for cases in which the lives of the patients depended upon it. During the 1940s, several cases arose from the provision of contraception by the Waterbury clinic, leading to legal challenges to the constitutionality of the Comstock law, but these failed on technical grounds. In Tileston v. Ullman ( 1943 ), a doctor and mother challenged the law on the grounds that a ban on contraception could, in certain sexual situations, threaten the lives and well - being of patients. The U.S. Supreme Court dismissed the appeal on the grounds that the plaintiff lacked standing to sue on behalf of his patients. Yale School of Medicine gynecologist C. Lee Buxton and his patients brought a second challenge to the law in Poe v. Ullman ( 1961 ). The Supreme Court again dismissed the appeal, on the grounds that the case was not ripe : the plaintiffs had not been charged or threatened with prosecution, so there was no actual controversy for the Court to resolve. The polemic around Poe led to the appeal in Griswold v. Connecticut, primarily based on the dissent of Justice John Marshall Harlan II in Poe, one of the most cited dissents in Supreme Court history. ( T ) he full scope of the liberty guaranteed by the Due Process Clause can not be found in or limited by the precise terms of the specific guarantees elsewhere provided in the Constitution. This ' liberty ' is not a series of isolated points pricked out in terms of the taking of property ; the freedom of speech, press, and religion ; the right to keep and bear arms ; the freedom from unreasonable searches and seizures ; and so on. It is a rational continuum which, broadly speaking, includes a freedom from all substantial arbitrary impositions and purposeless restraints. -- Justice John Marshall Harlan II, dissent in Poe v. Ullman. He argued, foremost, that the Supreme Court should have heard the case rather than dismissing it. Thereafter, he indicated his support for a broad interpretation of the due process clause. On the basis of this interpretation, Harlan concluded that the Connecticut statute violated the Constitution. After Poe was handed down on June 1961, the Planned Parenthood League of Connecticut ( PPLC ) decided to challenge the law again. Estelle T. Griswold served on the PPLC as Executive Director from 1954 to 1965. Struggling through legal battles against birth control restrictions in Connecticut, Griswold and PPLC made an initial effort to financially support women who wanted contraceptives to bus to cities in New York and Rhode Island. PPLC Executive Director Estelle Griswold and Dr. Buxton ( PPLC medical volunteer ), opened a birth control clinic in New Haven, Connecticut, `` thus directly challeng ( ing ) the state law. '' The clinic opened on November 1, 1961, and that same day received its first ten patients and dozens of appointment requests from married women who wanted birth control advice and prescriptions. Griswold and Buxton were arrested, tried, found guilty, and fined $100 each. The conviction was upheld by the Appellate Division of the Circuit Court, and by the Connecticut Supreme Court. Court 's decision on relationship with the right to privacy See also : Penumbra ( law ) Griswold appealed her conviction to the United States Supreme Court, arguing that the Connecticut statute was a violation of the Fourteenth Amendment of the United States Constitution, which reads that `` no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States ; nor shall any State deprive any person of life, liberty, or property, without due process of law... nor deny any person the equal protection of the laws, '' ( Amendment 14 Section 1 ). By a 7 -- 2 majority, on June 7, 1965 the Supreme Court concluded that the Connecticut statute was unconstitutional. Justice William O. Douglas, writing for the majority of the court, recognized the right to privacy, even though not enumerated in the Bill of Rights, is found in the `` penumbras '' and `` emanations '' of other constitutional protections, such as the self - incrimination clause of the Fifth Amendment, or the freedom of association clause of the First Amendment. The right to privacy is seen as a right to `` protect ( ion ) from governmental intrusion. '' Justice Arthur Goldberg wrote a concurring opinion in which he used the Ninth Amendment in support of the Supreme Court 's ruling, reasoning that the right of privacy was retained by the people. Justice Byron White and Justice John Marshall Harlan II also wrote concurring opinions in which they argued that privacy is protected by the due process clause of the Fourteenth Amendment. Justices Hugo Black and Potter Stewart wrote dissenting opinions. Justice Black argued that the right to privacy is nowhere to be found in the Constitution. Furthermore, he criticized the interpretations of the Ninth and Fourteenth Amendments by his fellow justices. Justice Stewart called the Connecticut statute `` an uncommonly silly law '' but argued that it was nevertheless constitutional. The final decision of the court was later used in other cases related to sexual practices and other personal, often considered private, decisions for the American citizens. Precedence for later cases Later decisions by the U.S. Supreme Court extended the principles of Griswold beyond its particular facts. Right to birth control for unmarried couples, 1972 Eisenstadt v. Baird ( 1972 ) extended its holding to unmarried couples, whereas the `` right of privacy '' in Griswold was said to only apply to marital relationships. The argument in Eisenstadt was that it was a violation of the Equal Protection Clause of the Fourteenth Amendment to deny unmarried couples the right to use contraception when married couples did have that right ( under Griswold ). Writing for the majority, Justice Brennan wrote that Massachusetts could not enforce the law against married couples because of Griswold v. Connecticut, so the law worked `` irrational discrimination '' if not extended to unmarried couples as well. Right to abortion for any woman, 1973 The reasoning and language of both Griswold and Eisenstadt were cited in the concurring opinion by Associate Justice Potter Stewart in support of Roe v. Wade, 410 U.S. 113 ( 1973 ). The decision in Roe struck down a Texas law that criminalized aiding a woman in getting an abortion. The Court ruled that this law was a violation of the Due Process Clause of the Fourteenth Amendment. Abortion became legalized for any woman for any reason, up through the first trimester, with possible restrictions for maternal health in the second trimester ( the midpoint of which is the approximate time of fetal viability ). In the third trimester of pregnancy, abortion is potentially illegal with exception for the mother 's health, which the court defined broadly in Doe v. Bolton. Right to contraception for juveniles at least 16 years of age, 1977 Carey v. Population Services International ( 1977 ) Right to homosexual relations, 2003 Lawrence v. Texas ( 2003 ) struck down a Texas sodomy law that prohibited certain forms of intimate sexual contact between members of the same sex. Without stating a standard of review in the majority opinion, the court overruled Bowers v. Hardwick ( 1986 ), declaring that the `` Texas statute furthers no legitimate state interest which can justify its intrusion into the personal and private life of the individual. '' Justice O'Connor, who wrote a concurring opinion, framed it as an issue of rational basis review. Justice Kennedy 's majority opinion, based on the liberty interest protected by the due process clause of the Fourteenth Amendment, stated that the Texas anti-sodomy statute touched `` upon the most private human conduct, sexual behavior, and in the most private of places, the home, '' and attempted to `` control a personal relationship that... is within the liberty of persons to choose without being punished. '' Thus, the Court held that adults are entitled to participate in private, consensual sexual conduct. While the opinion in Lawrence was framed in terms of the right to liberty, Kennedy described the `` right to privacy '' found in Griswold as the `` most pertinent beginning point '' in the evolution of the concepts embodied in Lawrence. Right to same - sex marriage, 2015 Griswold was also cited in a chain of cases that led the Supreme Court to legalize same - sex marriage in another landmark case, Obergefell v. Hodges. See also Birth control movement in the United States Catherine Roraback List of sex - related court cases in the United States List of United States Supreme Court cases, volume 381 Lochner v. New York Margaret Sanger Meyer v. Nebraska NAACP v. Alabama References ^ Jump up to : Griswold v. Connecticut, 381 U.S. 479 ( 1965 ). ^ Jump up to : Garrow, David J. ( Spring 2011 ). `` Human Rights Hero. The Legacy of Griswold V. Connecticut '' ( PDF ). Section of Individual Rights and Responsibilities. Jump up ^ Johnson, John W. ( 2005 ). Griswold V. Connecticut. University of Kansas. pp. 8 -- 10. ISBN 0 - 7006 - 1378 - 1. Jump up ^ Johnson, John W. ( 2005 ). Griswold V. Connecticut. University of Kansas. pp. Chapter 2. ISBN 0 - 7006 - 1378 - 1. Jump up ^ Johnson, John W. ( 2005 ). Griswold V. Connecticut. University Press of Kansas. pp. Chapter 5. ISBN 0 - 7006 - 1378 - 1. ^ Jump up to : Cheek, Jeannette Bailey ( March 17, 1976 ). `` Estelle Griswold oral history interview about her part in Griswold v. Connecticut, legal challenge to Connecticut birth control law ''. Women 's Studies Manuscript Collections from the Schlesinger Library : Voting Rights, National Politics, and Reproductive Rights -- via ProQuest History Vault. Jump up ^ `` Estelle Griswold ''. Connecticut Women 's Hall of Fame. Jump up ^ `` 1965 Griswold v. Connecticut Contraception as a right of privacy ? The Supreme Court says, ' Yes ! ' ''. Action Speaks Radio. 2012. Jump up ^ Alex McBride ( December 2006 ). `` EXPANDING CIVIL RIGHTS Landmark Cases Griswold v. Connecticut ( 1965 ) ''. PBS. Jump up ^ Laura Carroll ( July 2012 ). The Baby Matrix. LiveTrue Books. ISBN 0 - 615 - 64299 - 3. Jump up ^ `` Fourteenth Amendment to the U.S. Constitution -- Ratified 1868 ''. pbs.org. 2007. Jump up ^ Frances Kissling, Jonathan D. Moreno ; The Nation ( March 22, 2012 ). `` The Nation : Still Fighting ' Eisenstadt v. Baird ' ''. npr.org. Jump up ^ Sheraden Seward ( 2008 - 12 - 03 ). `` Griswold v. Connecticut ( 1965 ) ''. embryo.asu.edu. Arizona State University. Jump up ^ Cornell University Law School. `` Roe v. Wade ( No. 70 - 18 ) 314 F. Supp. 1217, affirmed in part and reversed in part. STEWART, J., Concurring Opinion SUPREME COURT OF THE UNITED STATES ''. law.cornell.edu. Jump up ^ University of Missouri - Kansas City ( January 22, 1973 ). `` ROE v. WADE 410 U.S. 113 ( 1973 ) ''. umkc.edu. Jump up ^ Lawrence v. Texas, 539 U.S. 558 ( 2003 ). Further reading Bailey, Martha J. ( 2010 ). `` ' Momma 's Got the Pill ' : How Anthony Comstock and Griswold v. Connecticut Shaped US Childbearing ''. American Economic Review. 100 ( 1 ) : 98 -- 129. doi : 10.1257 / aer. 100.1. 98. Garrow, David J. `` Human Rights Hero : The Legal Legacy of Griswold v. Connecticut ''. '' Human Rights ( 2011 ) : 26 - 25. Hasian Jr, Marouf. `` Vernacular Legal Discourse : Revisiting the Public Acceptance of the `` Right to Privacy ' ' in the 1960s. '' Political Communication 18, no. 1 ( January 2001 ) : 89 - 105. Communication & Mass Media Complete, EBSCOhost ( accessed March 2 29, 2015 ). Helscher, David ( 1994 ). `` Griswold v. Connecticut and the Unenumerated Right of Privacy ''. Northern Illinois University Law Review. 15 : 33. ISSN 0734 - 1490. Kalman, Laura ; Garrow, David ( 1994 ). `` Review : The Promise and Peril of Privacy ''. Reviews in American History. The Johns Hopkins University Press. 22 ( 4 ) : 725 -- 731. doi : 10.2307 / 2702826. JSTOR 2702826. Lockhart, Andrea ( 1997 ). `` Griswold v. Connecticut : A Case Brief ''. Journal of Contemporary Legal Issues. 14 : 35. ISSN 0896 - 5595. Loewy, Arnold H. ( 2003 ). `` Morals Legislation and the Establishment Clause ''. Alabama Law Review. 55 ( 1 ) : 159 -- 182. ISSN 0002 - 4279. Johnson, John W. Griswold v. Connecticut : Birth control and the constitutional right of privacy. University Press of Kansas, 2005. Tushnet, Mark ( 2008 ). I dissent : Great Opposing Opinions in Landmark Supreme Court Cases. Boston : Beacon Press. pp. 179 -- 190. ISBN 978 - 0 - 8070 - 0036 - 6. External links Wikisource has original text related to this article : Griswold v. Connecticut Text of Griswold v. Connecticut, 381 U.S. 479 ( 1965 ) is available from : Findlaw Justia LII Audio of Griswold oral arguments from Oyez Griswold v. Connecticut from C - SPAN 's Landmark Cases : Historic Supreme Court Decisions United States Fourteenth Amendment case law Citizenship Clause Slaughter - House Cases ( 1873 ) Elk v. Wilkins ( 1884 ) United States v. Wong Kim Ark ( 1898 ) Perez v. Brownell ( 1958 ) Afroyim v. Rusk ( 1967 ) Rogers v. Bellei ( 1971 ) Saenz v. Roe ( 1999 ) Due Process Clause Economic substantive due process Mugler v. Kansas ( 1887 ) Allgeyer v. Louisiana ( 1897 ) Lochner v. New York ( 1905 ) Coppage v. Kansas ( 1915 ) Adams v. Tanner ( 1917 ) Adkins v. Children 's Hospital ( 1923 ) Right to privacy Meyer v. Nebraska ( 1923 ) Pierce v. Society of Sisters ( 1925 ) Griswold v. Connecticut ( 1965 ) Doe v. Bolton ( 1973 ) Roe v. Wade ( 1973 ) Bowers v. Hardwick ( 1986 ) Webster v. Reproductive Health Services ( 1989 ) Planned Parenthood v. Casey ( 1992 ) Lawrence v. Texas ( 2003 ) Whole Woman 's Health v. Hellerstedt ( 2016 ) Right to abortion United States v. Vuitch ( 1971 ) Doe v. Bolton ( 1973 ) Roe v. Wade ( 1973 ) H.L. v. Matheson ( 1981 ) City of Akron v. Akron Center for Reproductive Health ( 1983 ) Webster v. Reproductive Health Services ( 1989 ) Hodgson v. Minnesota ( 1990 ) Planned Parenthood v. Casey ( 1992 ) Stenberg v. Carhart ( 2000 ) Ayotte v. Planned Parenthood of New England ( 2006 ) Gonzales v. Carhart ( 2007 ) Whole Woman 's Health v. Hellerstedt ( 2016 ) Civil rights liability under Section 1983 Monroe v. Pape ( 1961 ) McNeese v. Board of Educ. ( 1963 ) Pierson v. Ray ( 1967 ) Jenkins v. McKeithen ( 1969 ) Scheuer v. Rhodes ( 1974 ) Wood v. Strickland ( 1975 ) O'Connor v. Donaldson ( 1975 ) Paul v. Davis ( 1976 ) Imbler v. Pachtman ( 1976 ) Monell v. Department of Social Services of the City of New York ( 1978 ) Procunier v. Navarette ( 1978 ) Owen v. City of Independence ( 1980 ) Harlow v. Fitzgerald ( 1982 ) Felder v. Casey ( 1988 ) Will v. Michigan Department of State Police ( 1989 ) Gonzaga University v. Doe ( 2002 ) Inyo County v. Paiute - Shoshone Indians of the Bishop Community ( 2003 ) City of Rancho Palos Verdes v. Abrams ( 2005 ) Fitzgerald v. Barnstable School Committee ( 2009 ) Ashcroft v. Iqbal ( 2009 ) Los Angeles County v. Humphries ( 2010 ) Connick v. Thompson ( 2011 ) Other Holden v. Hardy ( 1898 ) Muller v. Oregon ( 1908 ) Buck v. Bell ( 1927 ) Powell v. Alabama ( 1932 ) West Coast Hotel v. Parrish ( 1937 ) NAACP v. Alabama ( 1958 ) Griswold v. Connecticut ( 1965 ) Loving v. Virginia ( 1967 ) Epperson v. Arkansas ( 1968 ) In re Winship ( 1971 ) Edwards v. Aguillard ( 1987 ) Troxel v. Granville ( 2000 ) Caperton v. A.T. Massey Coal Co. ( 2009 ) Obergefell v. Hodges ( 2015 ) Equal Protection Clause United States v. Cruikshank ( 1876 ) Pace v. Alabama ( 1883 ) Civil Rights Cases ( 1883 ) Yick Wo v. Hopkins ( 1886 ) Plessy v. Ferguson ( 1896 ) Buchanan v. Warley ( 1917 ) Lum v. Rice ( 1927 ) Skinner v. Oklahoma ( 1942 ) Perez v. Sharp ( 1948 ) Goesaert v. Cleary ( 1948 ) Shelley v. Kraemer ( 1948 ) Sipuel v. Board of Regents of Univ. of Okla. ( 1948 ) Sweatt v. Painter ( 1950 ) McLaurin v. Oklahoma State Regents ( 1950 ) Brown v. Board of Education of Topeka ( 1954 ) Hernandez v. Texas ( 1954 ) Griffin v. County School Board of Prince Edward County ( 1964 ) Katzenbach v. Morgan ( 1966 ) Loving v. Virginia ( 1967 ) Swann v. Charlotte - Mecklenburg Board of Education ( 1971 ) Guey Heung Lee v. Johnson ( 1971 ) Reed v. Reed ( 1971 ) Frontiero v. Richardson ( 1973 ) Craig v. Boren ( 1976 ) Milliken v. Bradley ( 1974 ) Plyler v. Doe ( 1982 ) Romer v. Evans ( 1996 ) Grutter v. Bollinger ( 2003 ) Parents Involved in Community Schools v. Seattle School District No. 1 ( 2007 ) Obergefell v. Hodges ( 2015 ) Retrieved from `` https://en.wikipedia.org/w/index.php?title=Griswold_v._Connecticut&oldid=842789745 '' Categories : 1965 in Connecticut 1965 in United States case law American Civil Liberties Union litigation Birth control in the United States Birth control law and case law History of women in Connecticut Legal history of Connecticut United States Ninth Amendment case law United States privacy case law United States reproductive rights case law United States substantive due process case law United States Supreme Court cases United States Supreme Court cases of the Warren Court Right to privacy under the United States Constitution Talk Contents About Wikipedia Deutsch فارسی Français 한국어 Hrvatski Português Русский 中文 Edit links This page was last edited on 24 May 2018, at 17 : 40. Text is available under the Creative Commons Attribution - ShareAlike License ; additional terms may apply. By using this site, you agree to the Terms of Use and Privacy Policy. 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Question: in which case did the supreme court establish the right to privacy
Answer: Griswild v. Connecticut