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Protestor outside a planned parenthood clinic in New Haven, CT

Griswold v. Connecticut

Landmark Case

Earl Warren

Chief Justice:

"The Warren Court"

Decided:

June 7, 1965

Argued:

March 29-30, 1965

  • Griswold v. Connecticut is considered a Landmark Case.
  • This case influenced Eisenstadt v. Baird, which outlawed the banning of contraceptives to anyone, and Roe v. Wade, which prohibited states from banning most abortions.

The Situation

The Court's Decision & Rationale

Works Cited

  • The Connecticut law prohibits, "any drug, medicinal article or instrument for the purpose of preventing conception" and punished anyone who "assists, abets, counsels, causes, hires or commands another"
  • In a 7-2 decision, Justice William O. Douglas wrote the court's ruling that the Connecticut law violated the "right to marital privacy"

GRISWOLD v. CONNECTICUT. The Oyez Project at IIT Chicago-Kent College of Law. 09 December 2013. <http://www.oyez.org/cases/1960-1969/1964/1964_496>.

McBride, Alex. "Griswold v. Connecticut." PBS. PBS, n.d. Web. 07 Dec. 2013.

  • This right to privacy is considered "fundamental" because it "is of such character that it cannot be denied without violating those fundamental principles of liberty and justice.
  • Griswold was an Executive Director for the Planned Parenthood League in Connecticut. Both her and the Medical Director of the League were giving information and instruction to married couples about birth control. However, Connecticut had a state law prohibiting any counseling given to married couples that prevents pregnancy. Griswold and the Medical Director were arrested and fined $100.
  • The state of Connecticut failed to prove that their law was absolutely necessary so the law was struck down.
  • Griswold and the Medical Director sued the state, stating the law violated their constitutional rights.

The Constitutional Issue

  • Even though the court found nothing obviously stating the general right to privacy, the First, Third, Fourth, Fifth, and Ninth amendments to the Constitution work together and form a "penumbra" which creates a new right to marital privacy
  • This "penumbra theory" discussed the many zones of privacy between a husband and wife.

Griswold outside the Clinic

penumbra theory: implied powers of the federal government

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