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Privacy & Reproductive Rights

Griswold v. Connecticut

Decided: 1965

In brief

Recognized a constitutional right to privacy, striking down a ban on contraceptives for married couples.

The Court's ruling in depth

Connecticut criminalized the use of contraceptives even by married couples. Justice Douglas's opinion for the Court found a right of marital privacy in the 'penumbras' and 'emanations' of the First, Third, Fourth, Fifth, and Ninth Amendments. Griswold is the doctrinal fountainhead of the modern constitutional right to privacy, whose lineage runs through Eisenstadt, Roe, Lawrence, and Obergefell — and which Dobbs (2022) partially cabined but did not (yet) overrule beyond abortion.

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