Griswold v. Connecticut (1965)
Deciding Court: Supreme Court of the United States
Citation: 381 U.S. 479 (1965)
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Griswold v. Connecticut, 381 U.S. 479 (1965), is a landmark constitutional decision that established the constitutional right to privacy. The Supreme Court struck down a Connecticut law that criminalized the use of contraceptives, holding that the law violated the right to marital privacy. The case created the foundation for later privacy rights decisions, including Roe v. Wade and Obergefell v. Hodges.
Facts of the Case
The executive director of the Planned Parenthood League of Connecticut and a physician who served as its medical director were convicted under a Connecticut statute that prohibited the use of “any drug, medicinal article or instrument for the purpose of preventing conception.” The statute also made it a crime to assist, abet, or counsel the use of contraceptives. The defendants had given information and medical advice about contraception to married couples.
The Right to Privacy
Justice William O. Douglas wrote the majority opinion. He held that although the Constitution does not explicitly mention a right to privacy, the penumbras and emanations of specific constitutional guarantees create zones of privacy. The First Amendment’s right of association, the Third Amendment’s prohibition on quartering soldiers, the Fourth Amendment’s protection against unreasonable searches, the Fifth Amendment’s privilege against self-incrimination, and the Ninth Amendment’s reservation of unenumerated rights all suggest that the Constitution protects privacy.
The Court held that the Connecticut statute impermissibly intruded into the marital relationship, which was within the zone of privacy created by these constitutional guarantees. The Court declared that the law “operates directly on an intimate relation of husband and wife” and that such a law could not stand.
Concurring Opinions
Justice Arthur Goldberg, joined by Chief Justice Warren and Justice Brennan, concurred based on the Ninth Amendment, which provides that the enumeration of certain rights in the Constitution shall not be construed to deny or disparage others retained by the people. Justice Goldberg argued that the right to marital privacy is a fundamental right retained by the people.
Justice John Marshall Harlan concurred based on the Fourteenth Amendment’s Due Process Clause, arguing that the Connecticut statute violated fundamental principles of liberty protected by the Due Process Clause. Justice Byron White also concurred on due process grounds, finding that the statute lacked a rational basis.
Significance and Impact
Griswold established the constitutional right to privacy that provided the foundation for Roe v. Wade (1973), which recognized a constitutional right to abortion, and Lawrence v. Texas (2003), which struck down laws criminalizing same-sex sexual conduct. The case also influenced the reasoning in Obergefell v. Hodges (2015), which recognized a constitutional right to same-sex marriage.
Legacy
Griswold is a seminal decision in the development of substantive due process and privacy rights. The case’s recognition of constitutional protections not explicitly enumerated in the Constitution remains controversial, with originalist and textualist critics arguing that the Court improperly invented rights not found in the constitutional text. Nevertheless, Griswold has been consistently reaffirmed and remains good law.