Eisenstadt, Sheriff v. Baird

Opinion summary

Etalia.ai summary of the majority opinion

In the 1971 case Eisenstadt v. Baird, the U.S. Supreme Court ruled that a Massachusetts law prohibiting the distribution of contraceptives to unmarried people violated the Equal Protection Clause of the Fourteenth Amendment. The case began when William Baird was charged with a felony for giving away contraceptive foam at a lecture on birth control and population control at Boston University. He argued that it was unconstitutional to allow married couples access to contraception while denying it to single individuals, thus treating them differently under law based on marital status alone. The court agreed in a 6-1 decision, stating that whatever right married persons had to use contraceptives could not be denied unmarried persons.

Dissent summary

Etalia.ai summary of the dissenting opinions

In the dissenting opinion for Eisenstadt v. Baird, Justice Burger argued that the Massachusetts law prohibiting distribution of contraceptives to unmarried individuals was not a violation of equal protection under the Fourteenth Amendment. He contended that there is a rational basis for distinguishing between married and unmarried persons in this context because it serves as an attempt by state legislature to discourage premarital sex, which can be seen as promoting public health and welfare. Furthermore, he pointed out that Baird was not prosecuted for advising or advocating use of contraceptives but rather distributing them without being a registered physician or pharmacist; thus, his First Amendment rights were not violated either. Therefore, according to Justice Burger's dissenting view, both on grounds of Equal Protection Clause and First Amendment rights claims made by Baird should have been rejected.

Opinion written by Justice Brennan

Decided 22 Mar 1972 · Official report

usrep405438.pdfOpen in a new tab

Oral argument transcript

Argued 17 Nov 1971

70-17_11-17-1971.pdfOpen in a new tab