The word also means a type of shadow or gray area in general. A penumbra is, broadly, an area that is partly shaded, and partly dark, like an eclipse. According to Justice Douglas in Griswold, the right to privacy is part of the liberty interest of the 14th Amendment, further defined by the penumbras and emanations of the Bill of Rights.
The relevant language of the 14th Amendment reads: “nor shall any state deprive any person of life, liberty, or property, without due process of law.” U.S.Const. In his concurring opinion, Justice Goldberg, with whom Chief Justice Warren and Justice Brennan concurred, writes: “The Court stated many years ago that the Due Process Clause protects those liberties that are ‘so rooted in the traditions and conscience of our people as to be ranked as fundamental.’” 381. Additional rights interpreted as coming under the Due Process Clause included the “propriety of laws that touch economic problems, business affairs, or social conditions” as well as the intimate relationship between married couples. 14th AmendmentĮarly in his opinion, Justice Douglas addressed the relationship of the 14th Amendment to Griswold: “Coming to the merits, we are met with a wide range of questions that implicate the Due process Clause of the 14th Amendment.” Id. Justices Stewart and Black Dissented, more on grounds of strict construction of the Constitution and the Original Intent Doctrine than in support of Connecticut’s “silly” law. Justices Goldberg and Brennan and Chief Justice Warren concurred. Marriage is a coming together.intimate to the degree of being sacred….it is an association for as noble a purpose as any involved in our prior decisions.” Griswold at 486. As Justice Douglas writes, “We deal with a right of privacy older than the Bill of Rights-older than our political parties, older than our school system. Justice Douglas wrote the majority opinion, which held that the 1879 Connecticut anti-birth control law was unconstitutional because it violated the protected right to privacy of married couples. The Supreme Court determined that they had standing to represent married people who had consulted them. Griswold and Buxton appealed to the United States Supreme Court. They were both convicted, and Connecticut’s Appellate Division of the Circuit Court and the Connecticut Supreme Court of Errors affirmed their convictions.
They allegedly gave birth control advice to married people. Lee Buxton, another administrator and consultant, were arrested in 1961 for violating the Connecticut statute prohibiting birth control between married couples and another statute. Estelle Griswold, Executive Director of the Planned Parenthood League of Connecticut, and Dr. Briefly, the relevant facts of Griswold are as follows. Ullman, the 1879 statute met its match in Griswold v. But on the merits, even the State of Connecticut thought the law was silly and needed to be repealed and declared unconstitutional.įour years after Poe v. Both attempts failed, largely on grounds of standing and procedural grounds. As Kenneth Hall has pointed out, the statute had been challenged twice before in Tileston v. The Oxford Companion to the Supreme Court of the United States. The statute in question was originally drafted in 1879, and made any kind of birth control illegal, even when used by married couples. Certainly one of the biggest concerns he and his fellow justice shared about Sections 53-32 and 54-196 of the General Statutes of Connecticut (1958 rev.) is that its enforcement would severely impact a fundamental right like the marital relationships to enforce it, the State would have to play peeping Tom to determine if married couples were or were not using contraception. This law, however, operates directly on an intimate relation of husband and wife and their physician’s role in one aspect of that relation.” Id.
One can almost see him sputtering as he writes, “We do not sit as a super-legislature to determine the wisdom, need, and propriety of laws that touch economic problems, business affairs or social conditions. Douglas, one of the most colorful and liberal justices to ever serve on the Court, should write the opinion makes the holding even more significant, if not controversial. The law prohibited the use of contraceptives. The case examined what Justice Stewart described as Connecticut’s “uncommonly silly law.” Griswold at 527. No discussion of the 14th Amendment Due Process Clause would be complete without a retrospect of Griswold v.
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