Griswold v.

Connecticut
381 U.S. 479 (1965)

Topic: Due process/fundamental rights

Relevant Facts:
A Connecticut law prohibited the use of contraceptive devices and punished anyone who
assisted, abetted, or counciled a violation. Griswold, the state executive director of Planned
Parenthood and its medical director were convicted for giving information, instruction, and
medical advice on birth control to married persons. Griswold and her colleague brought suit
against the State, alleging that the statute violated the Fourteenth Amendment.

Constitutional Issue Presented:

Does the Constitution contain an implied, fundamental right of privacy protecting the intimate
relations of married couples?

Brief Answer:
Yes. This right is a penumbra of various provisions expressly articulated in the Bill of Rights.

Rule/Test/Legal Standard:
An implied right of privacy is among the fundamental rights protected by the Constitution.
Within this sphere, the Court recognizes a right to marital privacy.

Court's Analysis (Douglas):

The First, Third, Fourth, and Fifth Amendments contain enumerated rights that implicate privacy
to some extent. The decisions in Pierce (right to educate children in a school of the parents
choice) and Meyer (right to study a foreign language) also suggest that parents have the right to
privacy in the choices they make for their children. Without those peripheral rights the specific
right would be less secure.

Specific guarantees in the Bill of Rights have penumbras, formed by emanations from those
guarantees that help give them life and substance. These guarantees create zones of privacy
We have had many controversies over these penumbral rights of privacy and repose. These
cases bear witness that the right of privacy which presses for recognition here is a legitimate
one. The Connecticut statute falls within the zone of privacy created by several constitutional
guarantees inherent in the Bill of Rights.

We deal with a right of privacy older than the Bill of Rightsolder 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.

Holding: Reversed. The Connecticut statute violates an implied constitutional right of privacy
permitting the use of contraceptives by married couples.

1
Concurrence (Goldberg): The concept of liberty protects those personal rights that are
fundamental, and is not confined to the specific terms of the Bill of Rights The language and
history of the Ninth Amendment reveal that the Framers of the Constitution believed that there
are additional fundamental rights, protected from governmental infringement, which exist
alongside those fundamental rights specifically mentioned in the first eight constitutional
amendments

Concurrence (Harlan): In my view, the proper constitutional inquiry in this case is whether
this Connecticut statute infringes the Due Process Clause of the Fourteenth Amendment because
the enactment violates basic values implicit in the concept of ordered liberty While the
relevant inquiry may be aided by resort to one or more of the provisions of the Bill of Rights, it is
not dependent on them or any of their radiations. The Due Process Clause of the Fourteenth
Amendment stands, in my opinion, on its own bottom.

Concurrence (White): The Connecticut statute as applied to married couples deprives them of
liberty without due process of law, as that concept is used in the Fourteenth Amendment.

Dissent (Black): There is no provision in the Constitution that guarantees a right to privacy.

Dissent (Stewart): I think this is an uncommonly silly law But we are not asked in this case
to say whether we think this law is unwise, or even asinine. We are asked to hold that it violates
the United States Constitution. And that I cannot do.