The case of Griswold v. Connecticut (1965) was a landmark decision stating how the US Constitution protected the liberty of married couples to buy and use contraceptives without any restrictions from the end of the government.
So, how did the ruling in Griswold v. Connecticut start the debate over reproductive rights?
Connecticut’s Comstock law prohibited the use of “any drug or instrument for the purpose of preventing conception". The US supreme court held the statute unconstitutional, and how Connecticut denied disadvantaged citizens easy access to medical assistance related to proper birth control methods. The Supreme Court invalidated the law due to a direct violation of the clause of "right to marital privacy" by a vote of 7–2.
The Griswold v. Connecticut ruling emphasized the right to privacy and "protection from governmental intrusion".
Now, what idea was the decision in Griswold v. Connecticut based upon?
We have prepared a ready guide about the case of Griswold v. Connecticut 1965 to help you understand the various facets of the case.
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Griswold v. Connecticut was fought mainly to contest the Connecticut Comstock Act of 1873, making it illegal to use any drug or medicinal instrument to prevent conception. As per the law, a violator could be imprisoned for sixty days, fined fifty dollars, or both.
In 1914, Margaret Sanger took up the case of the usage of contraception and challenged the public consensus. Eventually, Sanger helped in developing the eventual concept of Planned Parenthood clinics by influencing the Connecticut Birth Control League.
The first clinic for Planned Parenthood to open in Connecticut was back in 1935. The clinic provided information related to artificial contraception and other birth control methods. However, the clinic ran into a legal dispute until it was compelled to be shut down in 1939 due to the 1879 anti-contraception law.
This led the CBCL leaders to challenge the public consensus openly. Things became more serious when a doctor and mother stated how a ban on contraception could threaten patients' lives. However, several such cases were dismissed by the US Supreme Court on the grounds that the case was not ripe.
This led to the Griswold v. Connecticut case in 1965.
The Court was presided by Justice John Marshall Harlan II, who heard the case and concluded how the Connecticut statute violated the Constitution.
The Griswold v. Connecticut case has more layers to it and is the penultimate blow to a battle of years against the Comstock Law. If you want to learn more about the root of the case, you can seek the guidance of our legal experts by signing up with MyAssignmenthelp.com.
On 7th June 1965, the US Supreme Court issued a decision in favor of Griswold, finally banning the Connecticut law against contraceptives.
The ruling bench comprised seven justices, along with an opinion written by Justice William O. Douglas. The first aspect that the Court cited for banning the law was that the US Constitution stated: "marital privacy" as a fundamental right, which the Connecticut law defied.
The Court said that marital privacy was a right stated in the Bill of Rights provisions, wherein personal liberties were constitutionally protected by the Constitution. These personal liberties under the marriage privacy right included parental control over childrearing in cases such as Meyer v. Nebraska and Pierce v. Society of Sisters.
These preceding cases made way to support the Griswold v. Connecticut ruling by creating zones of privacy.
Justice William O. Douglas reasoned that the right to marital privacy fell within the protection of the provisions of the Bill of Rights. The US Supreme Court finally came to the conclusion that the Comstock Law violated this right to privacy, proving it to be unconstitutional.
Douglas further appealed to the sanctity of Anglo-American culture in terms of marriage and the common law tradition.
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The victory of the Griswold case was later used to fight several cases related to the right to birth control for couples. So, what was the impact of the Griswold v. Connecticut ruling?
Here are some of the instances where the Griswold v. Connecticut case's impact made a clear and bold statement:
1.The Eisenstadt v. Baird case in (1972) used the argument of the "right of privacy" in the Griswold case beyond marital relationships and extended its application to unmarried couples. The Eisenstadt case argued that it would violate the Equal Protection Clause if the US Constitution denied unmarried couples the right to use contraception. Justice Brennan wrote that the law would be an example of "irrational discrimination" if it did not hold for unmarried couples.
2.The reasoning of Griswold, along with Eisenstadt were used to support the case to grant women the right to abortion in the 1973 case of Roe v. Wade. The Roe case was against a Texas law that criminalized anyone who aided a woman getting an abortion as abetment. The Court used the Griswold ruling to state that the Texan law violated the Due Process Clause of the Fourteenth Amendment. This finally led to the legalization of abortion up through the first trimester, irrespective of the reason.
3.In 1977, the case of Carey v. Population Services International was taken to the US Supreme Court. Here, the case ruled that it was unconstitutional to distribute non-prescribed contraceptives to anyone below 16 years of age or over or to advertise or display contraceptives.
4.The Lawrence v. Texas was taken to the US Court in 2003 to fight for the right to homosexual relations. The US Supreme Court used the ruling of the cases Griswold and Roe to strike down a Texas sodomy law that prohibited intimate sexual contact between same-sex members.
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