The little known case that led to gay marriage and abortion
Planned Parenthood v. Casey (1992)
Nearly 20 years after Roe, the Supreme Court ruled 5-4 to uphold most of the provisions of a Pennsylvania law that restricted abortion, though they stated that laws could not present an “undue burden” on access to an abortion “before the fetus attains viability.”
Justices Sandra Day O’Connor, David Souter and Anthony Kennedy authored the majority opinion, which cited Griswold multiple times.
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“In Griswold, we held that the Constitution does not permit a State to forbid a married couple to use contraceptives. That same freedom was later guaranteed, under the Equal Protection Clause, for unmarried couples,” read the majority.
“The Roe Court itself placed its holding in the succession of cases most prominently exemplified by Griswold v. Connecticut. … When it is so seen, Roe is clearly in no jeopardy, since subsequent constitutional developments have neither disturbed, nor do they threaten to diminish, the scope of recognized protection accorded to the liberty relating to intimate relationships, the family, and decisions about whether or not to beget or bear a child.”
