Constitutional Law Research Paper

This case challenged the rights of marital privacy within the home. In 1961, Griswold and her partner, Dr. Buxton, opened a birth control clinic in New Haven, Connecticut. A law enacted in 1879 made it illegal to use anything to prevent contraception in the state. That’s right, nothing could be used to prevent pregnancy. Consequently due to their actions, Griswold and Buxton were arrested, tried, found guilty, and fined to pay $100. Griswold appealed her conviction to the United States Supreme Court, arguing that the state was in breach of multiple amendments including the fourteenth, first, and of course, the third amendment. The argument based on the third amendment was that the home is and should be a private place. No one is to know what happens in the home, or in the bedroom for that matter. The only way to prove that the women who visited the clinic were actually using birth control would be storm their homes. In the end, it was found that Connecticut's actions were unconstitutional and this court case paved the way for future cases such as the famous Roe vs Wade

Eisenstadt v. Baird was a landmark decision by the US Supreme Court. It ruled in favor of unmarried couples using birth control. Griswold v. Connecticut provided the right for secrecy under the marital bedroom only, but not birth control on unmarried couples. The ruling was based it violated the Equal Protection Clause of the Fourteenth Amendment. The argument was simple. The law which the defendants were penalized was a Massachusetts law of “Crimes Against Chastity”. Because it did not prosecuted marry couples due to buying, possessing, or using birth controls, it was discriminatory this law persecuted unmarried couples for it. Also it was ruled one of the defendants was exercising his freedom of speech, when distributing birth control. Therefore he could not be punished. Judge Brennan wrote in his opinion

During the years leading up to and after 1973, there were numerous events and situations that occurred. Before 1965, the idea of right to privacy was barely used, but Griswold v. Connecticut (1965) changed that. “The case involved a Connecticut law forbidding the use of contraceptives” (Edwards III, Wattenberg, and Lineberry 131). A doctor and a family-planner were arrested for distributing the use of contraceptives for couples in need. They were eventually brought to court by the state and were convicted. The case was taken to the Supreme Court and was later decided that everyone is entitled to their “right to privacy.” This set the precedent for Roe v. Wade because without Griswold v. Connecticut, the decision might be completely different than what it is now. A court case called Rust v. Sullivan was related to abortion. It specified that “family planning services receiving federal funds could not provide women any counseling regard abortion” (Edwards III, Wattenberg, and Lineberry 131). This decision created public scrutiny as the decision would violate the First Amendment. President Clinton eventually lifted the ban on abortion counseling as it

Nevertheless, the Supreme Court ruled in favor of Griswold, and her claim that the state contraceptive law was unconstitutional.

According to Supreme Court case Griswold v. Connecticut the United States Constitution protects women’s rights to use contraceptives. Our Constitutional heritage and principles contradict the verdict of that case. The general right to privacy that (has been said) is outlined in the Constitution, was used in the Supreme Court case to argue that decisions about a woman’s body is protected. Yet, nowhere in the Constitution does it mention the right to marital privacy. There are many flaws surrounding the verdict of Griswold v. Connecticut; not only constitutionally, but theologically and scientifically.

Nine days after it opened her, and her employees were arrested for providing material on contraception during a raid. After having a successful retrial, she scored a win for the birth control movement. The court made an omission in the law to allow physicians to suggest contraception for health reasons to their female patients.

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In Griswold v. Connecticut: Birth Control and the Constitutional Right of Privacy, Johnson outlines the struggle to overturn an 1897 Connecticut anticontraception law while arguing for the right of privacy. In the case of Griswold v. Connecticut, attorney Thomas Emerson argued that the “anticontraception statutes denied Griswold and Buxton their right to liberty and property without due process of law, as guaranteed by the first section of the Fourteenth Amendment.” Furthermore, in constructing the constitutional right of privacy, Emerson cited the First, Fourth, Ninth, and Fourteenth Amendments. Then, in the Supreme Court’s 1965 majority opinion, Justice William Douglas stated that “The First Amendment… has a penumbra where privacy is protected from government intrusion.” He went on to elaborate that the 1897 Connecticut anticontraception law was unconstitutional because “a law such as Section 53-32 that attempts to punish the mere use of contraceptives ‘sweep[s] unnecessarily broadly and thereby invade[s] the area of protected freedoms.’” Therefore, Griswold was finally able to achieve a fight that had begun fifty years prior.

Griswold was a Executive Director of Planned Parenthood League of Connecticut, she and another gave some instructions about birth control and some other ways of planned parenthood in the state of Connecticut. Griswold was convicted under a Connecticut law which criminalized the provision of counselling, to married persons for purposes of preventing conception. (along with with some other medical treatment) The conclusion is although that the constitution does not directly protect the right to privacy, the numerous zones in the Bill of Rights, do establish a right to privacy. The Connecticut statute conflicts with this right, therefore making it void. At first the case was on the side on Connecticut, until the case was later overturned by the U.S Supreme court on June, 7 of 1965.

Griswold was a Executive Director of Planned Parenthood League of Connecticut, she and another gave some instructions about birth control and some other ways of planned parenthood in the state of Connecticut. Griswold was convicted under a Connecticut law which criminalized the provision of counselling, to married persons for purposes of preventing conception. (along with with some other medical treatment) The conclusion is although that the constitution does not directly protect the right to privacy, the numerous zones in the Bill of Rights, do establish a right to privacy. The Connecticut statute conflicts with this right, therefore making it void. At first the case was on the side on Connecticut, until the case was later overturned by

Background Information: Griswold was part of a program called the Planned Parenthood League of Connecticut. This organization gave advice to married couples about birth control. Griswold was convicted under a law which made counseling married people about contraception illegal.

Griswold v. Connecticut (1965), a case involving the right to privacy, had to go through uncharted territory. A Connecticut statute prohibited the use of contraceptives both by married and unmarried persons. The statute also prohibited anyone from helping couples obtain contraceptives. Griswold provided information as to preventing contraception and was fined as an accessory under the statute. The case was brought to Supreme Court where they ruled in Griswold’s favor.

The statutes were being challenged on the due process clause under the Fourteenth Amendment and the First Amendment regarding the Freedom of Speech. At the time of this case it was illegal to sale or prescribe contraceptives for the prevention of pregnancy, but not for the prevention of disease.

Chapter one of the textbook, Constitutional Law and the Criminal Justice System by J. Scott Harr, Karen M. Hess, Christine Orthmann, and Jonathon Kingsbury discuses a historical overview of the United States, or better known as the U.S. Constitution. To elaborate, the textbook educates the reader on why the U.S. Constitution was created, as well as what its main purpose is. Most people know that the U.S. Constitution was not necessarily an original thought by the United States. In fact, it was greatly influenced by the English document known as the Magna Carat (Harr, Hess, Orthmann, & Kingsbury, 2015, p. 13). In addition, the U.S. Constitution was fashioned, mainly, as a binding document to prevent any one person from having complete power in the United

Feminist recognized the opportunity the pill gave to gaining equality with men and disputed laws that provided contraceptives for only married couples. Griswold v. Connecticut in 1965 and Massachusetts v. Baird in 1972 are two cases that helped to increase the availability of contraceptives in the United States. In the case of Griswold v. Connecticut a lawyer was convicted by the state of connecticut for giving contraceptives to a married couple. The Connecticut law that prohibited the use of birth control stated: