Eisenstadt v. Baird | |
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Argued November 17–18, 1971 Decided March 22, 1972 | |
Full case name | Thomas S. Eisenstadt, Sheriff of Suffolk County, Massachusetts v. William F. Baird |
Citations | 405 U.S. 438 ( more ) 92 S. Ct. 1029; 31 L. Ed. 2d 349; 1972 U.S. LEXIS 145 |
Case history | |
Prior | Habeas corpus petition dismissed, Baird v. Eisenstadt, 310 F. Supp. 951 (D. Mass. 1970); reversed, 429 F.2d 1398 (1st Cir. 1970). |
Subsequent | None |
Holding | |
A Massachusetts law criminalizing the distribution of contraceptives to unmarried persons for the purpose of preventing pregnancy violated the right to equal protection. Judgment of the Court of Appeals for the First Circuit affirmed. | |
Court membership | |
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Case opinions | |
Majority | Brennan, joined by Douglas, Stewart, Marshall |
Concurrence | Douglas |
Concurrence | White (in result), joined by Blackmun |
Dissent | Burger |
Powell and Rehnquist took no part in the consideration or decision of the case. | |
Laws applied | |
U.S. Const. amends. IX, XIV |
Eisenstadt v. Baird, 405 U.S. 438 (1972), was a landmark decision of the U.S. Supreme Court that established the right of unmarried people to possess contraception on the same basis as married couples.
The Court struck down a Massachusetts law prohibiting the distribution of contraceptives to unmarried people for the purpose of preventing pregnancy, ruling that it violated the Equal Protection Clause of the U.S. Constitution. The decision effectively legalized (heterosexual) premarital sex in the United States. [1]
William Baird was charged with a felony for distributing contraceptive foams after lectures on birth control and population control at Boston University. [2] [3] The prearranged violation of the law occurred on April 6, 1967, when Baird handed a condom and a package of contraceptive foam to a 19-year-old woman. [4] Under Massachusetts law on "crimes against chastity" (Chapter 272, section 21A), contraceptives could be distributed only by registered doctors or pharmacists, and only to married persons.
After Baird was convicted, an appeal resulted in partial overturn by the Massachusetts Supreme Judicial Court, which concluded that the lectures were covered by First Amendment protections. However, the court affirmed the conviction under contraceptive distribution laws. Baird filed a petition for a federal writ of habeas corpus, which was refused by the federal district court. [5] Upon appeal, The Court of Appeals for the First Circuit vacated the dismissal and remanded the action with directions to grant the writ, and dismiss the charge, reasoning that the Massachusetts law infringed on fundamental human rights of unmarried couples as guaranteed by the Due Process Clause of the Fourteenth Amendment. [6] This ruling was then appealed to the United States Supreme Court, by Sheriff Eisenstadt, who had prosecuted the case, on the ground that Baird lacked standing to appeal, being neither an authorized distributor under the statute nor a single person.
In a 6–1 decision [7] (Justices Rehnquist and Powell were not sworn in in time to participate in the case), the Court upheld both Baird's standing to appeal and the First Circuit's decision on the basis of the Equal Protection Clause, but did not reach the Due Process issues. The majority opinion was written by Justice William J. Brennan Jr. and joined by three other justices, William O. Douglas, Potter Stewart, and Thurgood Marshall. Brennan reasoned that, since Massachusetts did not (and perhaps could not under Griswold v. Connecticut ) enforce its law against married couples, the law worked irrational discrimination by denying the right to possess contraceptives by unmarried couples. He found that Massachusetts's law was not designed to protect public health and lacked a rational basis.
Brennan, writing for the Court, made four principal observations:
Justice Douglas, concurring, argued that in addition to privacy rights, Baird was engaged in speech while distributing vaginal foam, and his arrest was therefore prohibited by the First Amendment.
Justice White, joined by Justice Blackmun, did not join Brennan's opinion but concurred in the judgment on narrower grounds. White and Blackmun declined to reach the issue of whether Massachusetts could limit distribution of contraceptives only to married couples. They argued that Massachusetts had asserted an implausible health rationale for limiting distribution of vaginal foam to licensed pharmacists or physicians.
Chief Justice Burger dissented alone, arguing that there were no conclusive findings available to the Court on the health risks of vaginal foam since that issue had not been presented to the lower courts, and thus no basis for the Court's finding that the Massachusetts statute served no public health interest. Burger also held that the Massachusetts statute independently advanced the state's interest in ensuring couples receive informed medical advice on contraceptives.
Later cases have interpreted the ruling's most famous sentence—"If the right of privacy means anything, it is the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child."—as recognizing the right of single people to engage in sexual activity. Carey v. Population Services International , decided in 1977, struck down a New York law forbidding distribution of contraceptives to those under 16 but failed to produce a majority opinion and thus is not widely cited. Bowers v. Hardwick in 1986 rejected the claim of homosexuals to a fundamental right to engage in sodomy. In dissent, John Paul Stevens argued that Eisenstadt (and Carey) protected premarital heterosexual relations, and that the state had no rationale for distinguishing between heterosexuals and homosexuals. [8] Lawrence v. Texas overruled Bowers in 2003, citing Eisenstadt in support of this ruling, and recognized that consenting adults had a right to engage in private, consensual non-commercial sexual intercourse.
Roy Lucas, a prominent abortion rights lawyer, assessed Eisenstadt as "among the most influential in the United States during the entire [20th] century by any manner or means of measurement." [9] Eisenstadt v. Baird is mentioned in over 52 Supreme Court cases from 1972 through 2002. [9] Each of the eleven U.S. Court of Appeals Circuit, as well as the Federal Circuit, has cited Eisenstadt v. Baird as authority. [9] The highest courts of all 50 States, the District of Columbia, and Puerto Rico have cited Eisenstadt v. Baird. [9]
Planned Parenthood v. Casey, 505 U.S. 833 (1992), was a landmark decision of the Supreme Court of the United States in which the Court upheld the right to have an abortion as established by the "essential holding" of Roe v. Wade (1973) and issued as its "key judgment" the restoration of the undue burden standard when evaluating state-imposed restrictions on that right. Both the essential holding of Roe and the key judgment of Casey were overturned by the Supreme Court in 2022, with its landmark decision in Dobbs v. Jackson Women's Health Organization.
Griswold v. Connecticut, 381 U.S. 479 (1965), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States protects the liberty of married couples to use contraceptives without government restriction. The case involved a Connecticut "Comstock law" that prohibited any person from using "any drug, medicinal article or instrument for the purpose of preventing conception". The court held that the statute was unconstitutional, and that its effect was "to deny disadvantaged citizens ... access to medical assistance and up-to-date information in respect to proper methods of birth control." By a vote of 7–2, the Supreme Court invalidated the law on the grounds that it violated the "right to marital privacy", establishing the basis for the right to privacy with respect to intimate practices. This and other cases view the right to privacy as "protected from governmental intrusion".
The Comstock laws are a set of federal acts passed by the United States Congress under the Grant administration along with related state laws. The "parent" act was passed on March 3, 1873, as the Act for the Suppression of Trade in, and Circulation of, Obscene Literature and Articles of Immoral Use. This Act criminalized any use of the U.S. Postal Service to send any of the following items: obscenity, contraceptives, abortifacients, sex toys, personal letters with any sexual content or information, or any information regarding the above items.
Lawrence v. Texas, 539 U.S. 558 (2003), is a landmark decision of the U.S. Supreme Court in which the Court ruled that sanctions including any form of criminal punishment to all forms of private, consensual non-procreative adult sexual activities between two individuals are unconstitutional. The Court reaffirmed the concept of a "right to privacy" that earlier cases had found the U.S. Constitution provides, even though it is not explicitly enumerated. It based its ruling on the notions of personal autonomy to define one's own relationships and of American traditions of non-interference with any or all forms of private sexual activities between consenting adults.
Bowers v. Hardwick, 478 U.S. 186 (1986), was a landmark decision of the U.S. Supreme Court that upheld, in a 5–4 ruling, the constitutionality of a Georgia sodomy law criminalizing oral and anal sex in private between consenting adults, in this case with respect to homosexual sodomy, though the law did not differentiate between homosexual and heterosexual sodomy. It was overturned in Lawrence v. Texas (2003), though the statute had already been struck down by the Georgia Supreme Court in 1998.
Martin v. Ziherl, 607 S.E.2d 367, was a decision by the Supreme Court of Virginia holding that the Virginia criminal law against fornication was unconstitutional. The court's decision followed the 2003 ruling of the U.S. Supreme Court in Lawrence v. Texas, which established the constitutionally-protected right of adults to engage in private, consensual sex.
Bill Baird is a reproductive rights pioneer, called by some media the "father" of the birth control and abortion-rights movement. He was jailed eight times in five states in the 1960s for lecturing on abortion and birth control. Baird is believed to be the first and only non-lawyer in American history with three Supreme Court victories.
The People v. Ronald Onofre, 51 N.Y.2d 476, 415 N.E.2d 936, 434 N.Y.S.2d 947 (1980), was an appeal against New York's sodomy laws, decided in the New York Court of Appeals.
Powell v. State of Georgia, S98A0755, 270 Ga. 327, 510 S.E. 2d 18 (1998), was a decision of the Supreme Court of Georgia in the U.S. state of Georgia that overturned its law against sodomy within the state. The Court ruled that the Georgia Constitution granted a right to privacy, and that outlawing oral or anal sex between consenting adults was a violation of the state constitution, thus deeming it "unconstitutional".
Poe v. Ullman, 367 U.S. 497 (1961), was a United States Supreme Court case, seeking pre-enforcement review, that held in the majority that plaintiffs lacked standing to challenge a Connecticut law that banned the use of contraceptives and banned doctors from advising their use. Therefore, any challenge to the law was deemed unripe because there was no actual threat of injury to anyone who disobeyed the law. The same statute would be challenged again just five years later in Griswold v. Connecticut.
United States v. Extreme Associates, 431 F.3d 150, is a 2005 U.S. law case revolving around issues of obscenity. Extreme Associates, a pornography company owned by Rob Zicari and his wife Lizzy Borden, was prosecuted by the federal government for alleged distribution of obscenity across state lines. After several years of legal proceedings, the matter ended on March 11, 2009, with a plea agreement by Rob Zicari and Lizzy Borden.
Crimes against chastity are crimes involving sexual behavior.
Paul v. Davis, 424 U.S. 693 (1976), is a United States Supreme Court case in which a sharply divided Court held that the plaintiff, whom the local police chief had named an "active shoplifter," suffered no deprivation of liberty resulting from injury to his reputation. In the case, the court broke from precedents and restricted the definition of the constitutional right to privacy "to matters relating to 'marriage procreation, contraception, family relationships, and child rearing and education".
Catherine Gertrude Roraback was a civil rights attorney in Connecticut, best known for representing Estelle Griswold and Dr. C. Lee Buxton in the famous 1965 Supreme Court case, Griswold v. Connecticut, which legalized the use of birth control in Connecticut and created the precedent of the right to privacy. She is also known for such cases as the New Haven Black Panther trials of 1971, in which she defended Black Panther member Ericka Huggins after she was accused of murder. Roraback dealt with issues such as women's rights and racial discrimination, and lived her life to defend the rights of the "dissenters and the dispossessed".
United States v. 12 200-ft. Reels of Film, 413 U.S. 123 (1973), was an in rem case decided by the United States Supreme Court that considered the question of whether the First Amendment required that citizens be allowed to import obscene material for their personal and private use at home, which was already held to be protected several years earlier. By a 5–4 margin, the Court held that it did not.
Carey v. Population Services International, 431 U.S. 678 (1977), was a landmark decision of the U.S. Supreme Court in which the Court held that it was unconstitutional to prohibit anyone other than a licensed pharmacist to distribute nonprescription contraceptives to persons 16 years of age or over, to prohibit the distribution of nonprescription contraceptives by any adult to minors under 16 years of age, and to prohibit anyone, including licensed pharmacists, to advertise or display contraceptives.
Birth control in the United States is available in many forms. Some of the forms available at drugstores and some retail stores are male condoms, female condoms, sponges, spermicides, and over-the-counter emergency contraception. Forms available at pharmacies with a doctor's prescription or at doctor's offices are oral contraceptive pills, patches, vaginal rings, diaphragms, shots/injections, cervical caps, implantable rods, and intrauterine devices (IUDs). Sterilization procedures, including tubal ligations and vasectomies, are also performed.
California Bankers Assn. v. Shultz, 416 U.S. 21 (1974), was a US Supreme Court case in which the Court held that the Bank Secrecy Act, passed by Congress in 1970 requiring banks to record all transactions and report certain domestic and foreign transactions of high dollar amounts to the United States Treasury, did not violate the First, Fourth, and Fifth Amendments of the US Constitution.
Michael H. v. Gerald D., 491 U.S. 110 (1989), was a case decided by the Supreme Court of the United States involving substantive due process in the context of paternity law. Splitting five to four, the Court rejected a challenge to a California law that presumed that a married woman's child was a product of that marriage, holding that the due-process rights of a man who claimed to be a child's biological father had not been violated.