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Privacy Revisited: The Downfall Of Griswald, Martin R. Levy, C. Thomas Hectus
Privacy Revisited: The Downfall Of Griswald, Martin R. Levy, C. Thomas Hectus
University of Richmond Law Review
This article presents a review of the Supreme Court's privacy decisions since Griswold v. Connecticut, and concentrates on Doe v. Commonwealth's Attorney for City of Richmond as a vehicle to review the Burger Court's trends in the privacy area. Doe is a good vehicle because, though decided without opinion, the summary affirmance of a lower court decision denying homosexuals constitutional protection resolved the tension developing between Douglas' penumbra theory of privacy, which was the opinion of the Court in Griswold, and the more modern substantive due process analysis. The authors conclude that the opinions in Griswold are dead as far …
Sexual Privacy: Access Of A Minor To Contraceptives, Abortion, And Sterilization Without Parental Consent, Karen Henenberg
Sexual Privacy: Access Of A Minor To Contraceptives, Abortion, And Sterilization Without Parental Consent, Karen Henenberg
University of Richmond Law Review
Until recently, a minor's access to ordinary medical treatment and to such services as contraception, abortion, and sterilization has been severely limited by the legal prerequisite of parental consent. While purporting to act in the minor's best interest, the law has hindered making such medical care available to minors who need and desire it. However, the law has been changing; relying on privacy rights as protected by the Constitution, courts and legislatures have granted independent access-in a selective and piecemeal fashion-to medical services concerning reproductive capacity and sexual activity.