Vous êtes sur la page 1sur 1

According to the Griswold v.

Connecticut case, appellant Griswold, Executive Director of the


Planned Parenthood League of Connecticut and Appellant Buxton, a licensed physician who served as
Medical Director for the League at its Center in New Haven were arrested and charged with giving
information, instruction and medical advice to married persons on means of preventing conception.
Appellants appealed on the theory that the accessory statute prohibiting contraceptives violates the
14th Amendment of the United States Constitution. The court ruled here that the association of
marriage is a privacy right older than the Bill of Rights and the State’s effort to control marital activities
in this case is unnecessarily broad and therefore impinges on protected Constitutional freedoms. In
relation to Griswold, the group thinks that the more applicable theory is of policy science. Policy science
focuses law as a process of decision that is both authoritative and controlling, while the goal decision
making process more consonant with human dignity. The Connecticut Statute forbidding the use of
contraceptives was found to violate the right of marital privacy which the penumbra of specific
guarantees of the Bill of Rights of the US. The issue in this case is the power of the state to control the
actions of its citizens through penalizing persons who uses any drug or instrument for preventing
conception. In relation to the decision making facet of the policy science, the case was decided on the
reasoning that governmental purpose to control or prevent activities that are constitutionally subject to
state regulation may not be achieved by means which sweep unnecessarily and thereby invade the area
of protected freedoms. The court weighed the power of the state on what it can impose to individuals in
contrast to respecting the freedoms of people that the people did not authorize the state to encroach.
The New Haven School proposes that human dignity is recognized when people have access to what
they cherish, like power, wealth, enlightenment, skill, well-being, affection, respect and rectitude.
Undue encroachment of the state to married couples on the access to contraception was seen to be in
violation of the 14th Amendment.

Vous aimerez peut-être aussi