Birth Control and a New Birth of Freedom

The author analyzes Griswold v. Connecticut and other recent developments in the birth control movement and explains their significance for constitutional theory. The Griswold case raised the principle of voluntary family planning to the status of a constitutional right. It also recognized the standing of those in the helping professions to assert the rights of their patients and clients. The Court's recognition of a right of privacy and restoration of meaning to the ninth and tenth amendments may be a protection against the increasing threat of a “big brother” society. Recent administrative and judicial decisions emasculating the Comstock laws demonstrate the importance of constitutional checks and balances. The ultimate question posed by the Griswold case is whether it will be recognized that the government has an affirmative obligation to make the exercise of constitutional rights possible.     

Abortion experience overseas: a personal assessment

Abortions performed legally are less complicated, delayed, and expensive than illegal abortions which occur with greater frequency in countries with restrictive abortion laws. Rumania, Hungary and New Zealand changed their more liberal laws to more restrictive ones. The falling birthrate led to an antiabortion decree in 1966 in Rumania. The rate of natural increase of the population doubled. The birth rate fell from its peak soon after the decree because of illegal abortion services; the rate of deaths due to illegal abortion quadrupled. In Hungary the restrictive legislation was passed in October 1973. The number of abortions on medical grounds rose from 4,000 (2.4%) to 12,000 (11.8%). The birthrate increased immediately to 1.12 in 1974; it fell to about 1.08 in 1977. A 1977 survey showed no increase in numbers using contraceptive methods or in desired family size. The number of women who wanted no more children increased from 95% in 1974 to 97% in 1977. The July 1978 abortion legislation in New Zealand resulted in halving the number of legal abortions and increasing the number of illegal abortions. A nationwide survey of 1000 people showed that 66% disapproved of the legislation with only 15% approving. Because of the restrictive law the Auckland Medical Aid Centre (AMAC) was forced to close and women were forced to use more expensive, and less convenient, private and public hospitals.