The Archive
Reference Library
The founding document as written, a plain overview of the seven Articles, and a glossary of archaic and legal terms.
Privacy & Reproductive Rights
Griswold v. Connecticut
Decided: 1965
Recognized a constitutional right to privacy, striking down a ban on contraceptives for married couples.
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.