Contraceptives In The Civil Rights Movement

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In the early 1950s, civil rights activist and feminist, Estelle T. Griswold along with, Yale professor, Charles Lee Buxton decided to open up a birth control clinic in an attempt to change the 1879 Connecticut law; which prohibited any person from using any drug, medicinal article or instrument for the purpose of preventing conception.

First off, it was crucial for Griswold to ratify the law because contraceptives were the key to start a sexual revolution and a women’s liberation. Contraceptives allowed women to have sole control of their fertility; lowering the risk of unwanted motherhood and unwanted marriage. Not only does contraceptives help a women control their fertility, but her future as well. A woman is able to decide when to have kids; enabling her to pursue a career first if she wanted to. In a time when women were very limited from showcasing their abilities, having control of their fertility was uplifting. However, during the late nineteenth century; many viewed contraceptives as immoral, obscene and illicit. This eventually led to the creation of “comstock laws” among various states. Comstock laws were state laws criminalizing the sale, distribution, or even discussion of birth control. One of which is Connecticut’s law of banning the use of contraceptives. In an attempt to ratify the law, Griswold began to practice the use of contraceptives with various married couples in New Haven, Connecticut. Just after ten days of being open, Griswold and her colleague were eventually convicted under a Connecticut law which criminalized the provision of counselling, and other medical treatment, to married persons for purposes of preventing conception. Griswold’s conviction marks the beginning of the landmark case Griswold v. Connecticut. Griswold and her colleague, Buxton, appealed to the Supreme Court of Errors of Connecticut claiming that the law against birth control conflicted with section one of the Fourteenth Amendment, which states, “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law...nor deny any person the equal protection of the laws." The case was argued on March 28th - 29th, 1965 and was decided on June 6th, 1965. The appellant in this case was Griswold and the appellee was the state of Connecticut. Griswold v. Connecticut challenged the question of whether the U.S Constitution provided for a privacy right for married couples. The nature of multiple amendments was soon explored and discussed as a way to find a support for the violation of the law to the U.S Constitution.
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The Amendments that were explored were the First Amendment, Third Amendment, Fourth Amendment, Fifth Amendment, Ninth Amendment, and the Fourteenth Amendment. The First Amendment, deals with the prohibition of the federal government from limiting the freedom of speech. The Third Amendment, forbids the forcible entrance of military personnel into homes. The Fourth Amendment, secures citizens from unreasonable searches and seizures of property by the government. The Fifth Amendment, protects citizens from self-incrimination in criminal and civil legal cases. The Ninth Amendment, expands the “rights” given to citizens. And the Fourteenth Amendment, protects citizens’ civil rights. In the end, in a 7-2 decision, the Supreme Court ruled that the Connecticut law violated the “right to marital privacy.” Although nowhere in the Constitution did it say anything about marital privacy, it …show more content…
Connecticut decision marked the beginning of a Sexual Revolution. The decision sets forth the beginning of a new era. A new era in which contraceptives were seen as norms rather than immoral in American society. Seven years later after Griswold v. Connecticut, in the 1972 court case Eisenstadt v. Baird, the Supreme Court extended the right of the use of contraceptives to unmarried men and women as well. The Griswold v. Connecticut decision also helped lay the essence of much of the reproductive freedom currently allowed under the law. Not only did the decision assist the expansion of the right to control fertility, but also other liberties as well. The decision gave the American people willingness to fight to legalize other fundamental rights they believed should be controlled by them and not the government, such as, the right for women to vote, abortion, and same-sex

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