Griswold vs. Connecticut (1965)
Background
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Griswold v. Connecticut originated as a prosecution under
the Connecticut Comstock Act of 1879. This law made it
illegal to sell or distribute materials that promoted
contraception or abortion, to send literature or materials
pertaining to these subjects through the United States
Postal Service, or to obtain them from overseas. This law
was very rarely enforced.
However, once Margaret Sanger developed planned
parenthood, the state took notice and began closing the
clinics, or at the very least prohibiting the spread of
information regarding contraception and abortion.
There were many court cases held against the law such as
Poe vs. Ullman and Tileston vs. Ullman, however all got
dismissed.
Griswold
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In protest of the law, Estelle Griswold, the Executive
Director of the Planned Parenthood League of
Connecticut, and her Medical Director for the League, C.
Lee Buxton, gave information, instruction, and other
medical advice to married couples concerning birth
control.
With Griswold’s leadership, Planned Parenthood
volunteers initiated “border runs” to transport women to
birth control clinics in Rhode Island and New York,
where such medical attention was legal.
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.
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Griswold and Buxton appealed to the Supreme Court of Errors
of Connecticut, claiming that the law violated the U.S.
Constitution.
○ 14th Amendment, section 1: “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
The Connecticut court upheld the conviction, and Griswold and
Buxton appealed to the U.S. Supreme Court, which reviewed
the case in 1965.
Griswold argued that teaching someone about the use of birth
control is a personal matter and people have a right to privacy
against government intrusion. This law was unconstitutional
under the Due Process Clause in the 14th amendment.
They also argued that by prohibiting counseling or information
regarding contraception was unconstitutional according to the
“Freedom of Speech” stated in the 1st amendment.
Griswold’s
Argument
Connecticut’s
Argument
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Connecticut began their argument by stating
that the Comstock Act only allowed the use of
contraception to prevent disease
○ Specifically venereal disease.
Connecticut also had laws against fornication
and adultery, therefore contraception was only
available to married couples of whom had
venereal disease
○ Every couple has to be tested before they
were granted their license.
As, Griswold was catering to married couples
who tested negative for disease, it would have
to have been an obvious violation of the law.
“A law exists which
prohibits a certain action.
There is no explicit right
to privacy found in the Bill
of Rights, therefore this
law is valid.”
Ideas/Rights being argued
● Does the government have the constitutional right to
infringe on the privacy of married couples?
● Was the Comstock Act in violation of of the
constitution?
Supreme Ct. Ruling
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The Case was argued March 29, 1965 and decided
June 7, 1965
Decided by a 7-2 majority
The Supreme Court ruled that a state's ban on the use
of contraceptives violated the right to marital
privacy.
Though the Constitution does not explicitly protect a
general right to privacy, the various guarantees
within the Bill of Rights- together, the First, Third,
Fourth, and Ninth Amendments- create a new
constitutional right, the right to privacy in marital
relations. “The Connecticut statute conflicts with the
exercise of this right and is therefore null and void.”
Significance
Griswold vs. Connecticut was
significant in that it was the first law
that defined the rightful privacy granted
by the constitution for American
citizens.
● Eisenstadt vs. Baird (1972)
○ Right to birth control for
unmarried couples.
● Roe vs. Wade (1973)
○ that legalized abortion
● Lawrence vs. Texas (2003)
○ that resulted in a
constitutional protection of
sexual privacy.
Recap Quiz
● What was the law that prohibited
the distribution of contraception
called?
● What was the exception within the
law that allowed the use of birth
control?
● What was Griswold’s Argument?
● What was Connecticut’s
Argument?
● What was the outcome of the court
case?
Citations
1.
2.
3.
4.
5.
http://www.cwhf.org/inductees/reformers/estelle-griswold/#.WIroOBsrLD4
http://www.pbs.org/wnet/supremecourt/rights/landmark_griswold.html
http://academic.brooklyn.cuny.edu/history/johnson/griswoldoral.htm
https://www.oyez.org/cases/1964/496
Frances Kissling, Jonathan D. Moreno; The Nation (March 22, 2012). "The
Nation: Still Fighting 'Eisenstadt v. Baird'". npr.org
6. "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.
7. Lawrence v. Texas, 539 U.S. 558 (2003).