Facts on Contraceptive Equity | Dollars and Sense | In the States | In the Courts | In Congress | On Campus | The Case

Carey v. Population Services International

BACKGROUND: New York passed a law to restrict distribution of contraceptives by:

• prohibiting the distribution of contraceptives to anyone under the age of 16
• restricting to licensed pharmacists the ability to distribute contraceptives to anyone over the age of 16
• banning all advertisements and displays of contraceptives
• prohibiting companies from selling mail-order, non-medical contraceptives.

THE CASE: With a 7-2 majority, the U.S. Supreme Court struck down the New York law. The Court based its decision on the constitutional principles established in Griswold and Eisenstadt, reasoning that laws that burden decisions as fundamental as whether to bear children may be justified only by compelling state interests and must be narrowly drawn to express only those interests. The Court ruled the state�s interest in discouraging teen sex could not be justified by denying to minors and their parents choices that would reduce the chance of unwanted pregnancy and venereal disease.

In his concurring opinion, Justice Douglas stated, "The propaganda technique used in this case significantly increases the risk of unwanted pregnancy and venereal disease. It is as though the State decided to dramatize its disapproval of motorcycles by forbidding the use of safety helmets."

IMPACT: The 1977 decision extended to minors the constitutionally protected right of privacy by an individual to make choices regarding contraception.