Thank you!
Your support is sustaining the future of local news in our communities.

Before Roe v. Wade, there was Griswold v. Conn.

In the summer of 1961, I wrote, “For a few days in October, Connecticut women will be able to receive birth control advice and devices in New Haven, where the Planned Parenthood League will open the state’s first birth control center in more than 20 years.” The league planned to test an ancient Connecticut birth control law that prohibited the use of contraception by everyone, including married couples.

It turned out to be a few days in November, 1961, the first to the 10th,  before Planned Parenthood opened and the state closed down the new birth control center and arrested Dr. C. Lee Buxton, a Yale gynecologist who practiced there and Estelle Griswold, executive director of the state Planned Parenthood League.

Griswold would give her name to Griswold v. Connecticut, the U.S. Supreme Court 1965 decision repealing the law by ruling that the Constitution did “protect the right to marital privacy” even though the words never appear in the document.

And Griswold thereby begat, in a way, Roe v. Wade, the 1973, 7-2 Supreme Court decision legalizing abortion.  The Roe decision was grounded on that right to privacy discovered in Griswold eight years earlier when Judge William O. Douglas wrote that privacy was covered in the rights to life, liberty and property grounded in several constitutional amendments.

The two dissenters, Democrat Hugo Black and Republican Lewis Powell, didn’t care much for the law but they couldn’t find the right to privacy the others saw so clearly.

Stewart, in fact, said he found the law “uncommonly silly” but felt the Court had no choice in finding it constitutional.

Connecticut’s birth control law was known as a Comstock law in honor of a Puritanical postal inspector whose main duty was keeping what he considered dirty material out of the mail. He was very good at it.

By the middle of the 20th century, Comstock laws only remained in the old Puritan states of Massachusetts and Connecticut, supported strongly, but not exclusively, by the influential Catholic Church in those states. Members of other religious faiths were also split, but mainly opposed to the totally unenforceable law.

But even though the use of condoms and birth control devices was growing, lawmakers in the two states were not eager to take a position on either side. They became even more reluctant to take a stand as some eminent Catholic laymen and clergy expressed their opposition to the law and called for its repeal.

Doctors, I pointed out in the series, had complained that birth control information was the only existing medical knowledge that Connecticut forbade them to use.

And I quoted Dr. Norman St. John-Stevas, a well-known British Catholic lawyer and writer who argued that Catholics campaigning for the maintenance of the unenforceable law “gain little for public morality. They do, however, increase the fear of Catholicism in the minds of non-Catholics.”

Most of the five-part series was devoted to the plans being made by Buxton and Griswold to test the law by forcing the state to close the lawbreaking birth control center they were about to open in New Haven and testing the closing in the courts, up to, they hoped, the Supreme Court.

Griswold said Connecticut Planned Parenthood had sent 12,000 state women to New York and Rhode Island during the past four years to be fitted with contraceptive devices in circumvention of the 82-year-old state law. She told me that the 12,000 women who had literally smuggled illegal contraceptive devices into the state prove the demand and need for centers.

We know now that things worked out as planned for Griswold and Buxton. The closing of their center made it to the Supreme Court, which found for Griswold and against Connecticut — and by extension, Massachusetts.

And my series of articles? I guess you’d have to say it wasn’t well received. In fact, it wasn’t received at all and the few quotes you read here are the first to be printed anywhere in the 61 years since they were written.

I had proposed the series to the Courant’s state editor, my immediate superior, and he readily approved. But the finished product was killed by the managing editor, the Courant’s top news executive, on the grounds it would offend some readers.

Those running the then-locally owned Courant were every bit as courageous as the state’s lawmakers.

 

Simsbury resident Dick Ahles is a retired journalist. Email him at rahles1@outlook.com.

The views expressed here are not necessarily those of The Lakeville Journal and The Journal does not support or oppose candidates for public office.

Latest News

Doug Tallamy’s work in progress: saving the planet one backyard at a time

Windacre, a 25-acre property in Millerton will be the site of “Work in Progress,” an afternoon with acclaimed entomologist, New York Times bestselling author and Homegrown National Park co-founder Doug Tallamy.

Provided

For nearly three decades, Doug Tallamy, a professor at the University of Delaware and co-founder of Homegrown National Park, has studied the intricate relationships between native plants, insects, birds and the ecosystems that sustain them. His books, including “Bringing Nature Home” and “Nature’s Best Hope,” have helped shift the conversation about conservation from something that happens primarily in parks and preserves to something ordinary people can practice on the land around them.

On Sunday, Oct. 4, Tallamy will bring that conversation to Windacre in Millerton for “Work in Progress: Toward Native Fields,” an outdoor gathering exploring both the possibilities and the complications of restoring private land for biodiversity.

Keep ReadingShow less
Celebrating Dick Hermans’ life built around community

Dick Hermans in the Oblong Bookstore on Millerton\u2019s Main Street in 1985.

Provided
No matter what I’ve done, I’m trying to be useful to the communities I’m associated with.
— Dick Hermans

When Dick Hermans receives the Estabrook Community Leadership Award on Oct. 11, he will accept it for a lifetime of work that has taken many forms: bookseller, radio host, school board member, advocate for the Harlem Valley Rail Trail, business owner, volunteer and, perhaps most importantly, a person who has consistently looked for ways to be useful to the communities around him.

The Lakeville Journal and The Millerton News will present Hermans with the 2026 award at the annual Jubilee celebration at the Sharon Playhouse. The award honors outstanding leadership in community service and was inspired by Mary Lou and Robert Estabrook, former owners of the newspapers who believed that strengthening a community extended well beyond the work of publishing a newspaper.

Keep ReadingShow less
Tending the Fire: Homelands PowWow brings Mohican culture home to the Berkshires

Members of the Stockbridge-Munsee tribe at Homelands PowWow in 2025.

Joeseph Plante New Media Storytellers
Our goal is to continue building an annual gathering that honors the history, culture and traditions of the Stockbridge-Munsee Band of Mohicans in their original Homelands.


For the Stockbridge-Munsee Mohican people, the Berkshires are not simply a place to visit. They are ancestral homelands.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

Ancram Center’s “A Number” doubles questions of identity
Ledbetter (left) and Wojda (right) on the set of “A Number” at Ancram Center for the Arts.
Jeff Mousseau

How would you feel if you found out you weren’t the only you — if there was an exact replica of you? What if you found out that you’d been cloned? Would you believe that you’re the real you? Would you suspect you might be a copy of the original? How could you be sure anything about your life was real? These are some of the questions posed in Caryl Churchill’s play “A Number,” opening at the Ancram Center for the Artson Oct. 1.

Churchill was born in London in 1938 and has been hailed by the theaterl world as one of the strongest voices of her time to take on sexual politics and feminist themes. Her works garner pointedly considered analysis from the highest levels of theatrical intellectualism. Basically, it’s about as far from “The Lion King” as you can get. While she’s experimented with dance theater in the past, “A Number” is much more stripped down, highlighting Churchill’s chosen themes and the skills of both actors on stage.

Keep ReadingShow less

Dispatches from the Farm

Dispatches from the Farm

Adamah Farm crew members planning out the day’s tasks on a late September day.

Janna Siller

“Dispatches from the farm” is a new, periodic column offering a firsthand look at the rhythms, challenges and rewards of farming through the eyes of a local farmer.

The thing about plants is that they can’t get up and move. When a storm like last weekend’s nor’easter threatens to roll through, you can’t just round everybody up and settle them safely on the sofa for movie night.

Keep ReadingShow less
Pinchas Zukerman brings an all-Beethoven program to Hotchkiss

Pinchas Zukerman to perform at Hotchkiss Oct. 4

Cheryl Mazak

The passion, drama and energy of Beethoven will fill Katherine M. Elfers Hall at The Hotchkiss School on Oct. 4, when world-renowned violinist Pinchas Zukerman is joined by pianist Shai Wosner for a special recital.

The 4:30 p.m. program at the Esther Eastman Music Center will feature three of Beethoven’s celebrated violin sonatas: Violin Sonata No. 4 in A minor, Op. 23; Violin Sonata No. 5 in F major, Op. 24, “Spring”; and Violin Sonata No. 7 in C minor, Op. 30.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.