The right to access birth control was in the crosshairs last year, when the Supreme Court ruled that certain employers had the right to exclude emergency contraception from their employees’ health plans. But the Hobby Lobby case was just one in a long line of contraception-related cases decided by the Supreme Court, and while that outcome was a setback for the reproductive rights movement, history also is filled with decisions that helped advance the cause. One of those victories came 50 years ago this Sunday, on June 7, 1965, when the Supreme Court handed down a decisive win for contraception access in Griswold v. Connecticut.
Griswold v. Connecticut was a landmark case in expanding access to birth control — but it was only a first step.
When the birth control pill came onto the market in 1960, it was a dream come true for anyone wanting to control her own reproduction. But in 30 states it was illegal to advertise contraception, and in two states, Massachusetts and Connecticut, it was outright banned. In fact, anyone using birth control in Connecticut was at risk for a fine or imprisonment. These draconian laws didn’t stop people from seeking birth control from their doctors, but it did force them to engage in activities that were technically “criminal.”
Connecticut had been the birthplace, in 1844, of one of history’s most relentless anti-contraceptive crusaders, Anthony Comstock, whose Puritan upbringing spurred a nearly lifelong crusade against what he saw as the devices of immorality. Comstock was the driving force behind federal and state laws that banned birth control, and it’s estimated that he initiated as many as 4,000 arrests, one of the last of which was Bill Sanger, husband of Margaret Sanger, for distributing a pamphlet on family planning. Comstock died on September 21, 1915, months after Sanger’s arrest.
Connecticut’s anti-contraception law predated the birth of oral contraceptives by more than 80 years. It was so broadly worded that more old-fashioned family-planning methods, such as diaphragms and condoms, could also see their users fined or sent to jail. There was also equal punishment for anyone “aiding and abetting” would-be contraceptive users, meaning that doctors, pharmacists, and others could be punished for providing patients with birth control or information about it. Continue reading