Sunday, March 25, 2012

Eisenstadt v. Baird case brief

 Eisenstadt v. Baird (1972)
  • prohibition against the use of birth control for unmarried couples struck down
  • Court articulated the privacy right in terms of an individual’s life choices
  • “if the right to 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”
  • focus on it as an individual rather than a marital right really sets the stage for later “intimate relationship” cases (Lawrence)

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