Griswold V Ct Essay Example

than our political parties, older than our school system.

Marriage is a coming together for better or 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. ” (citation) Douglas went so far as to question whether or not the police should raid marital bedrooms for evidence of such illegal contraceptive devices, if such a thing should remain illegal. Justice Arthur Goldberg concurred with Douglas, stating, “I agree with the Court that Connecticut’s birth control law unconstitutionally intrudes upon the right of marital privacy, and I join in its opinion and judgment.

Goldberg, along with the Chief Justice Warren and Justice William Brennan cited marital privacy within the penumbra of guaranteed rights enumerated by the Ninth Amendment. (citation) The final vote was seven to two, with Justice Hugo Black and Justice Potter Stewart filing dissents. Justice Black argued that the right to privacy is not found within the Constitution, and therfore does not exist. Justice Stewart referred to the Connecticut law as “uncommon and silly, but not unconstitutional.

The Connecticut law was a serious invasion of a person’s right to sexual activity, and the right to prevent pregnancy.This gross and direct interference with a women's right to engage in safe sexual activity was a distinct and profound invasion by the state, which had no right in the first place. The right to procreate is as fundamental and personal as any right

can be, yet the state felt the authority to regulate those decisions rested within its scope of powers. The Supreme Court overturned this decision, rightfully so, and made substantial grounds for the rights not only of married couples, but women in general.

With Griswold, the Connecticut statue was determined to be in direct violation of the Due Process Clause, insofar as guaranteeing certain “inalienable” rights. Justice Douglas’ opinion stated that even though marital privacy was not specifically listed, it was in fact an implied right; based on respect for the sanctity of marriage and personal privacy. Furthermore, since the Supreme Court determined the right to privacy to be a fundamental right covered by the Ninth Amendment, it is one that the Court has an implicit duty to protect. www.

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