The privacy of citizens A right to privacy? – Griswold v Connecticut (1965) The right to choose? – Roe v Wade (1973), Casey v Planned Parenthood of Pennsylvania (1992)

Griswold v Connecticut (1965)

Connecticut law of 1879 criminalizing the use of contraceptives - never enforced Case taken by Planned Parenthood’s Estelle Griswold who opened a birth control clinic in Connecticut and was arrested and convicted – appealed right up to SC Does the Constitution protect the right of marital privacy against state restrictions on a couple's ability to be counseled in the use of contraceptives?

Griswold v Connecticut (1965) The Supreme Court 7-2 invalidated the law on the grounds that it violated the “right to marital privacy” Found that though Constitution does not explicitly protect a general right to privacy, the various guarantees within the Bill of Rights create penumbras, or zones, that establish a right to privacy

Griswold v Connecticut (1965) Douglas on Brennan’s advice found right of privacy in “penumbras”, “emanations” or “shadows” of various guarantees of the Bill of Rights Based right of privacy on 1 st, 3 rd, 4 th, 5 th, 9 th amendments – new right to privacy in marital relations Connecticut statute conflicts with the exercise of this right and was thus null and void

Griswold v Connecticut (1965) The Ninth Amendment: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people” What does it do Identify other rights? Invite judges to do so? Constitutionalize tradition?

Griswold v Connecticut (1965) For Marshall Harlan II privacy was protected by the due process clause of the fourteenth amendment In marriage but not in adultery, fornication and homosexuality For Harlan, Due Process clause was a right to freedom from all substantial arbitrary impositions and purposeless restraints - Dissent in Poe v Ullman (1961)

Griswold v Connecticut (1965)

For Stewart it was an “uncommonly silly law” but one that was nevertheless constitutional For Black, there was simply no “right to privacy” in the constitution Constitution is not dynamic except through amendment process in Article V

Griswold v Connecticut (1965) Eisenstadt v Baird (1972) extended its holding to unmarried couples And ultimately to legalised abortion in Roe v Wade (1973) which is upheld on the right to privacy