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Griswold v. Connecticut (Privacy, SCOTUS)

No. 496 SCOTUS · Decided Teaching/Historical SCOTUS
Decided: Feb 15, 2013
Court
Supreme Court
Decided
Feb 15, 2013
CL Status
terminated

Legal Issues

9th Amendment unenumerated rightsNinth AmendmentUnenumerated rightsconstitutional right to privacyfundamental rights doctrineincorporation via 14th Amendmentmarital privacypenumbra and emanationspenumbral rightsright to privacysubstantive due process

BrynoDC Coverage 2 videos

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The Facts

Connecticut prohibited the use of contraceptives and the giving of contraceptive advice. Estelle Griswold, executive director of Planned Parenthood, was convicted for counseling married couples on contraceptive use. She challenged the law on constitutional grounds.

The Issue

Whether Connecticut's anti-contraception law violates the constitutional right to marital privacy

The Rules

Penumbras of the Bill of Rights, constitutional right to privacy

Due Process Clause liberty interest

First, Third, Fourth, Fifth, and Ninth Amendment penumbras

The Application

History

Connecticut's blanket prohibition on contraceptive use and advice intruded directly into the zone of marital privacy that the Court identified through the penumbral protections of the Bill of Rights. The prosecution of Griswold for counseling married couples on contraception exemplified the precise type of governmental intrusion into intimate, personal decisions that the newly articulated privacy right was designed to prevent. Because Connecticut offered no compelling state interest justifying such a sweeping restriction on marital choice, the Court found the law unconstitutional as applied to married couples' access to and knowledge of contraceptives.

The Conclusion

Griswold v. Connecticut established the constitutional foundation for the modern right to privacy. Striking down a Connecticut law banning contraception for married couples, the 1965 Supreme Court decision derived an implied right to privacy from a "penumbra" of the First, Third, Fourth, and Fifth Amendments, a holding that became the cornerstone of Roe v. Wade and subsequent privacy jurisprudence until being overruled in Dobbs.

Court -
Filed -
CL Statusterminated

No circuit court data for this case.

Cert Granted -
Statusterminated
Filed (CL) -
SCOTUS TMR-506f005a Jul 21, 2026

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Case Analysis

Overview

In 1965, the Supreme Court struck down a state law banning doctors from prescribing contraception to married women, finding that the Constitution implies a right to privacy even though it doesn't use the word. Drawn from what the Court called a 'penumbra' around the First, Third, Fourth, and Fifth Amendments. Three concurring justices said it was really about the Ninth Amendment, which says the rights listed in the Constitution aren't the only rights people have. Bryan comes back to Griswold because it's the foundation for Roe v. Wade and everything that came after it. If you want to understand the chain that leads to Dobbs, Griswold is where it starts.

Conclusion

**Griswold v. Connecticut established the constitutional foundation for the modern right to privacy.** Striking down a Connecticut law banning contraception for married couples, the 1965 Supreme Court decision derived an implied right to privacy from a "penumbra" of the First, Third, Fourth, and Fifth Amendments. A holding that became the cornerstone of Roe v. Wade and subsequent privacy jurisprudence until being overruled in Dobbs.

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