Griswold v. Connecticut
381 U.S. 479, 85 S.Ct. 1678, 14 L.Ed.2d 510 (1965)
Griswold and Buxton worked for
Planned Parenthood, and gave out information on contraception. They were
arrested for violating a Connecticut law that made contraception illegal,
and made assisting someone get contraception illegal.
Btw, they only provided
information to legally married couples.
The Trial Court found Griswold
and Buxton guilty and fined them $100. They appealed.
The Connecticut Supreme Court
upheld the convictions.
The US Supreme Court reversed.
The US Supreme Court found
that the Connecticut law was a violation of the 1st
Amendment guarantee of right to free
speech and right to free assembly.
The Court used this occasion
to combine aspects of the 1st, 3rd, 4th, 5th, and 9th Amendments to create a right to privacy.
The Court found that marital
relations are within in the zone of privacy created by several fundamental constitutional guarantees. The
Court found that laws should not intrude on this zone.
The Court suggested that
the public would be repulsed by the idea of police searching a married
couple's bedroom for signs of contraceptive use.
The Court limited this
decision to married couples. Eisenstadt
v. Baird (405 U.S. 438 (1972)) later extended the right to
unmarried couples on the basis of due process.
In a concurrence, it was
suggested that the right to privacy, and the right to be married are
guaranteed by the 9th Amendment, which says that the Constitution should not be interpreted to
deny or disparage other rights retained by the people."
Current Supreme Court
decisions have noted that there is no mention of right to privacy in the Constitution.