Broadening of the campaigns for civil rights - Women's rights - OCR AThe fight for contraceptive and abortion rights

In the 1960s, abortion rights were one of the feminist movement’s most controversial demands. Abortion was illegal across the USA in 1960. Feminists believed that it was a woman’s choice whether she continued with a pregnancy. People’s views on contraception varied across America. It was illegal in many states for doctors to provide contraception.

Contraceptive rights

In the early 1960s, in the state of Connecticut, the use of contraceptive devices was illegal. Providing them or providing information about them was also illegal. In the case of Griswold v Connecticut, lawyers acting on behalf of Estelle Griswold, a medical technician, argued that the state’s ban on the use of contraception went against a person’s right to privacy. They argued that this right was contained in the US Constitution.

The lawyers chose to take this approach rather than argue that contraception should be legal. In 1965 the Supreme Court judged in favour of Griswold. States were required by law to allow contraception to be sold to married couples. This was a success for women’s rights as some women could access contraception. However, unmarried women were not included in this change to the law.

Abortion rights

Gradually, some states began to allow abortion, such as New York in 1970. In 1973, there was a court hearing involving a woman referred to as Jane Roe. In this hearing, known as Roe v Wade, the Supreme Court ruled that all women had a constitutional right to get an abortion if they wanted one. This made abortion at up to 24 weeks of pregnancy legal for all women in the USA.

In 2022, a Supreme Court ruling overturned Roe v Wade and individual states are now able to ban abortion if they wish.