Birth control
The Associated Press

Protected, for now.

Featured Topic | Posted 4 days 14 hours ago

Do women have a right to birth control?

More than 40 years ago, the U.S. Supreme Court ruled in Griswold v. Connecticut that a right to privacy protected the right of married couples to purchase and use birth control. But the last battle has not been fought: Last week, a federal appeals court said the State of Washington cannot yet enforce a law that requires pharmacies to dispense contraceptives over the objections of pro-life pharmacists.

But the debate isn't just going on in the courts. The American Life League has launched a campaign, "The Pill Kills Babies," designed to convince women to stop using birth control pills. That has drawn the ire of critics who say such campaigns are intended to limit the sexual choices of women.

Both sides view the original Griswold ruling as a foundation for the later Roe v. Wade decision that guaranteed abortion rights. That makes it a ripe battleground for future court challenges.

Is there a right to birth control? And if so, is that right threatened?

 

Read More

Ben likes: The myth of a right to privacy

Rich Lowry/National Review

The mischief began 40 years ago in the case Griswold v. Connecticut, when the Court struck down a prohibition on contraceptives on the basis of a "right to marital privacy." The bit about "marital" was quickly dropped, and the new discovery became a general right to privacy.

In Griswold, the Court suggested the right might be found in the First, Third, Fourth, Fifth and/or Ninth Amendments. In other words, it must be there somewhere, anywhere. But since the right to privacy is nowhere mentioned, the Court had to contend that it resides in "penumbras formed by emanations." In layman's terms, that means in partial shadows formed by emissions, which it doesn't take a constitutional scholar to conclude sounds pretty vaporous.

If Connecticut's contraceptive law was outdated and purposeless, the answer was simple: for voters to overturn it. Both the dissenters in the case, Justices Hugo Black and Potter Stewart noted that they opposed the Connecticut policy, but that didn't make it unconstitutional.

Read More

Joel likes: Public triumphs, private rights

Ms. Magazine

Although the Constitution and the Bill of Rights do not explicitly guarantee privacy rights to individuals, such rights are implicit within the documents. The landmark ruling in Griswold v. Connecticut paved the way for Eisenstadt v. Baird, the 1972 Supreme Court decision that extended these same privacy protections — and thus the right to obtain birth control — to unmarried women. It opened the door the following year to the historic ruling in Roe v. Wade, which expanded the privacy doctrine to abortion, granting women and their doctors the legal right not just to prevent, but also to terminate, unwanted early pregnancies.

Before birth control and abortion were legally and readily available, the average woman would become pregnant between 12 and 15 times in her lifetime. Even today in the United States, nearly half of all pregnancies remain unintended, and nearly half of those result in abortion. This is why polls show that the vast majority of Americans reject the extremism of a determined minority and do not want the Supreme Court decisions that protect their private decisions to be overturned. Doctrines of privacy and equality for women are simply not separable: Eroding one imperils the other.

Read More

Where do you stand on this issue?

Click on the graph to cast your vote.
average
vote
your vote