The Short History of Our Right to Contraceptives: Eisenstadt v. Baird 40 Years Later

Bill Baird

Recent controversy over the Affordable Care Act’s contraception mandate has served as a reminder of how shaky our rights to contraception can be. Although 99 percent of women have used contraception at some point in their lives, access to contraception is still subject to challenges. Section 2713 of the Affordable Care Act mandated that employers’ health plans include coverage for contraceptives without co-pays or deductibles. Critics attacked the law as unfair to religious institutions that oppose the use of contraceptives. Responding to pressure, the Obama White House offered a compromise that shifted the responsibility for coverage from any religious institution opposed to the mandate to the employees’ health insurance.


The right of unmarried Americans to obtain contraceptives was only established 40 years ago.


Our rights to contraception are not only shaky at times, but also not long established. When people think of celebrities like Marlon Wayans, Cameron Diaz, or Maya Rudolph, old age is probably not what comes to mind. However, what they have in common is that they were each born in 1972, the year the U.S. Supreme Court decided the case Eisenstadt v. Baird (405 U.S. 438), a landmark decision that guaranteed unmarried couples the same access to birth control as married couples. March 22 of this year marks the 40th anniversary of this court victory for reproductive rights activist Bill Baird, and for the reproductive freedoms he defended in the U.S. Supreme Court. Continue reading