The Right to Privacy

Announcements:

4/20-4/24 Weekly Planner

In addition to reading (and watching the screencast) today's post, please make sure you:

1. Read the Street Law Summary on Roe v. Wade
2. Fill in the information about this case on the Supreme Court case matrix (use the same copy you have been using)

READING: 85-126 in Edwards

UNIT THREE Identification Terms 

Today's Question: How does the government effectively balance the right to privacy with the need to maintain order?

Learning Standards:

LOR-3.B.5: While a right to privacy is not explicitly named in the Constitution, the Supreme Court has interpreted the due process clause to protect the right of privacy from state infringement. This interpretation of the due process clause has been the subject of controversy, such as has resulted from:

• Roe v. Wade (1973), which extended the right of privacy to a woman’s decision to have an abortion while recognizing compelling state interests in potential life and maternal health

Right to Privacy

Does the right to privacy exist? What amendment guarantees your right to privacy?

There are several important cases related to the issue of privacy rights and individual liberties. One of the most important cases is Griswold v. Connecticut (1965). In this case, Estelle Griswold of Planned Parenthood was prosecuted for distributing birth control pills, prohibited by Connecticut law, even to married couples. Click on the above link to read about the case. What is meant by penumbra?

Griswold is considered a landmark decision by establishing a right to privacy. This serves as a springboard to other privacy cases, most notably the case Roe v. Wade (1973) and other court decisions involving abortion rights and attempts to limit and regulate abortions. Read this summary of Roe v. Wade. Why is Roe v. Wade so significant? What did it specifically do?

Roe v. Wade was just the beginning of legal challenges concerning abortion. Since 1973, states have repeatedly passed legislation to limit abortions. The Court has maintained the right to an abortion, but has gradually upheld state and federal restrictions during the last forty years. Some of the restrictions include:

• Ban on public employees/facilities used for abortions (Webster v. Reproductive Health Services)
• Parental notification, waiting period (Planned Parenthood v. Casey)
• Ban on partial-birth abortions (Gonzales v. Carhart)
• Required ultrasounds before abortion

Missouri has one of the most restrictive abortion laws in the country, requiring a 72-hour waiting period.  Missouri has also increased its restrictive health regulations, threatening to shut down Missouri's only abortion provider (Planned Parenthood in St. Louis). Missouri would become the 1st state without any abortion access.

Can a state require abortion clinics to have surgical facilities and doctors with admitting privileges at local hospitals?

Other Privacy Issues

Forced sterilization: Buck v. Bell (1927) and Skinner v. Oklahoma

Right to Marry: Loving v. Virginia, 1967

Right to Die: Cruzan v. Missouri Dept. of Health, 1990

Sexual Behavior: Lawrence v. Texas, 2003

How do the Lawrence v. Texas and Loving v. Virginia cases affect the Supreme Court's decision regarding same-sex marriage?

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