Eisenstadt v. Baird

Eisenstadt v. Baird, 405 U.S. 438 (1972), was a landmark decision of the U.S. Supreme Court that established the right of unmarried people to possess contraception on the same basis as married couples.

The Court struck down a Massachusetts law prohibiting the distribution of contraceptives to unmarried people for the purpose of preventing pregnancy, ruling that it violated the Equal Protection Clause of the U.S. Constitution.

Brennan, writing for the Court, made four principal observations: Justice Douglas, concurring, argued that in addition to privacy rights, Baird was engaged in speech while distributing vaginal foam, and his arrest was therefore prohibited by the First Amendment.

Carey v. Population Services International, decided in 1977, struck down a New York law forbidding distribution of contraceptives to those under 16 but failed to produce a majority opinion and thus is not widely cited.

[8] Lawrence v. Texas overruled Bowers in 2003, citing Eisenstadt in support of this ruling, and recognized that consenting adults had a right to engage in private, consensual non-commercial sexual intercourse.

Roy Lucas, a prominent abortion rights lawyer, assessed Eisenstadt as "among the most influential in the United States during the entire [20th] century by any manner or means of measurement.