What is privacy? “He is his own best friend, and takes delight in privacy whereas the man of no virtue or ability is his own worst enemy and is afraid of solitude.” ~Aristotle “Privacy and security are those things you give up when you show the world what makes you extraordinary.” ~Margaret Cho

Right to Privacy Issues What is “privacy” and who defined it? What have been issues with women’s privacy? What are famous cases and their outcomes? What have been issues with the Court and homosexuality? Do we have the “right to die”?

What is privacy? Privacy is not a liberty or right in the USC –Privacy: the right to be left alone Judicially created principle that includes “penumbras” or “shadows” created by Constitutional amendments –Unstated liberties implied by stated rights –1 st, 4 th, 9 th (esp ), 14th –i.e., liberty to practice religion in 1 st implies right to exercise private, personal beliefs

Contraception access Griswold v Connecticut (1965) was a challenge to constitutionality of CT law outlawing distribution of info/sale of contraceptives –Griswold the head of Planned Parenthood of CT –Violation of marital privacy/family planning –Interpretation of several amendments, esp. 9 th (rights not enumerated in BoR exist, given to people) Court expanded right of privacy to include right of married couples to have access Set precedent for later cases on abortion

Abortion By 1960s, health issues worldwide led to increase in birth defects –Many clinics unsafe/unsanitary By late 1960s, 14 states liberalized policies, 4 decriminalized early stage Women’s rights activists argued that the choice of carrying pregnancy to term was a fundamental right Norma McCorvey, the “Jane Roe” of the Roe v Wade (1973) case, could not get a legal abortion in TXRoe v Wade (1973) case –Please note the video is a historical overview of abortion in the U.S. leading to the RvW case. It does not include graphic material. Challenged TX law that only allowed if mother in grave danger (Henry Wade—DA in Dallas, TX) Blackmun Court decides woman’s right to abortion protected by right to privacy and applied through 14 th amendment (7-0 decision) –Three stages of pregnancy defined (2/3 only in state of emergency)

Roe v Wade Aftermath Hyde Amendment (1977)— Congress bans Medicaid funds for poor womens’ abortions Webster v Reproductive Health Services (1989): state- supported hospitals could not perform abortions; require costly fetal-viability tests 2 nd trimester –5-4 decision Planned Parenthood of SE PA v Casey (1992): states could limit abortions if no “undue burden” on woman; 24 hour waiting period; parental consent clause Clinton administration –Ends bans on “abortion pill”, military hospitals, two pro- choice justices on SC Bush administration –Gonzales v. Carhart (2007) rules that partial birth abortion illegal

Homosexuality 2003: USC rules that states could not criminalize private sexual behavior Lawrence v. Texas (2003) –Overrules 1986 law on “homosexual” behaviors –Former laws unconstitutional and violated equal protection laws Romer v. Evans (1996) –States could not make laws that specifically protected homosexuals Boy Scouts of America v Dale (2000) –Private groups could exclude those who might compromise the group’s goals/purposes

Euthanasia 1990: Court rules 5-4 that people cannot terminate medical treatment unless able to express their wish (written or orally) 1997: Court 9-0 decision that terminally ill people do not have a right to physician- assisted suicide (“right to die”) – 2001: AG Ashcroft memo tries to impose supremacy of national government over states making laws for right-to- die Gonzales v Oregon (2006): Court upheld Oregon law that allows for doctors to prescribe drugs to terminally ill patients –other states have similar laws allowing for physician-assisted suicide Dr. Jack Kevorkian, made infamous as “Dr. Death” as he pushed for physician- assisted suicide; jailed years for murder (served 8); died 2011

Lecture check “It is the first responsibility of every citizen to question authority.” Ben Franklin Please go to the following site and complete the lecture check questions. They will be recorded as a homework grade. nmHpzGOlk4Bd2xnay6Koc_Ma0RNE/viewform