Recent rulings by the Supreme Court have made the right to birth control and abortion ambiguous for people.
All 50 states offer their citizens the right to birth control through Plan B, birth control pills, and intrauterine devices (IUDs). But the recent overturning of Roe v. Wade by Dobbs v. Jackson by the Supreme Court has led to some concern over how long this right will remain protected.
Until 1965, there was not much emphasis on the right to birth control and it was even banned in many states like Connecticut. But Griswold v. Connecticut in 1965 led to a change, where a ban on contraception was considered to be a violation of a married couple’s right to privacy.
Nicholas Creel, a professor at Georgia College & State University and a specialist in Constitutional law, said “The Court in Dobbs established that any right not specifically spoken to in the Constitution needs to be deeply rooted in our history and tradition for the Constitution to guard it. Given their logic, I am exceptionally concerned that Griswold, along with several other cases expanding the right to privacy, is now on track to be stripped of Constitutional protection at the federal level.”
Will the Supreme Court ban birth control?
Even though no state has banned contraception yet, the recent ruling has made the status of this right a bit shaky. The right to contraception and adoption already comes under frequent scrutiny by religious organizations.
In such circumstances, it is necessary for the right to gain political support. Negative foreshadowing of these rights will only increase their already stigmatized nature.
Banning contraception also puts another right in jeopardy- the right to privacy. This right already has a deep history and tradition in the constitution. Thus, it would be paradoxical to ensure the right to privacy by banning contraceptives.
Creel expects that there is a tendency among states to try to ban or restrict access to contraceptives. They might also ban a select few kinds of contraceptives only.