SCOTUS Crash Course meme

Oct 02, 2008 15:08

Griswold v. Connecticut, 381 U.S. 479 (1965).

Estelle Griswold, executive director of the Planned Parenthood League of Connecticut, and Dr. C. Lee Bruxton, its medical director, were fined $100 as an accessory to violating Connecticut's law against the use of contraceptives for giving information and advice to married couples on contraception. They appealed the decision and argued the law violated the constitutional rights of their clients. SCOTUS agreed and struck it down, 6-2.

The decision was based on violation of the due process clause of the Fourteenth Amendment, which prevents states from depriving "any person of life, liberty, or property, without due process of law." The liberty in question was the right of privacy, particularly within the marital relationship. The majority opinion cited several earlier cases contending that the right to privacy exists in the penumbra of the First, Third, Fourth, Fifth, and Ninth amendments. It argued that outlawing birth control was as invalid as compulsory birth control. And it denied any compelling state interest in the "dubious" argument that "preventing the use of birth-control devices by married persons helps prevent the indulgence by some in such extramarital relations."

We deal with a right of privacy older than the Bill of Rights - older than our political parties, older than our school system. Marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred. It is an association that promotes a way of life, not causes; a harmony in living, not political faiths; a bilateral loyalty, not commercial or social projects. Yet it is an association for as noble a purpose as any involved in our prior decisions.

Meme bit: Post info about ONE Supreme Court decision, modern or historical, in your lj. Include this or an equivalent instruction.

I would prefer you post about something other than Korematsu v. United States (1944), Brown v. Board of Education of Topeka (1954), United States v. Reynolds (1953), Edwards v. Aguillard (1987), or Reno v. ACLU (1997) just because other people on my friends list hit them already, and I'd like to see something new. But go for whatever you'd like.

scotus, marriage

Previous post Next post
Up