Eisenstadt v. Baird 405 U.S. 438 (1972)

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EISENSTADT v. BAIRD 405 U.S. 438 (1972)

At a birth control lecture, Baird gave contraceptive foam to a woman presumed to be unmarried. Convicted in a Massachusetts court for distributing a contraceptive device, Baird sought federal habeas corpus. On appeal the Supreme Court, 6–1, held the conviction unconstitutional. Four Justices, concluding that griswold v. connecticut (1965) would bar prosecution for distribution of contraceptives to married persons, held that the equal protection clause forbade the state to outlaw their distribution to the unmarried. Two Justices relied on Griswold alone, saying the record had not shown the recipient to be unmarried. Chief Justice warren burger dissented.

Kenneth L. Karst

(see also: Freedom of Intimate Association; Right of Privacy.)

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Eisenstadt v. Baird 405 U.S. 438 (1972)

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