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June 7, 1965court rulingreproductive rightscivil rightsconstitutional lawprivacyprivacycontraceptionreproductive rights

Warren Court strikes down Connecticut's contraception ban 7-2, establishing for the first time that the Constitution protects a right of marital privacy

The Supreme Court ruled 7-2 on June 7, 1965, that Connecticut's 1879 ban on contraception was unconstitutional. Justice Douglas's majority opinion found a right of privacy "emanating from the penumbras" of the 1st, 3rd, 4th, 5th, and 9th Amendments — rights with "zones of privacy" that together established a constitutional protection for the marital relationship. Justice Goldberg's concurrence relied on the 9th Amendment. Justices Harlan and White concurred on different grounds. Justices Black and Stewart dissented, arguing there was no explicit right of privacy in the Constitution's text. The ruling established the constitutional foundation for Roe v. Wade (1973) and Lawrence v. Texas (2003).