Carey v. Population Services 1977
Carey v. Population Services was a case in 1977. It struck down a New York law that forbade the distribution of contraceptives to people under 16 years old. Because it failed to produce a majority opinion it is not commonly known or referred to. It was first brought to court on January 10, 1977 and decided on June 9, 1977.
Hugh L. Carey, the governor of New York, wanted to change the law that prohibited the buying of contraceptives to minors. During this time period it was illegal in New York to sell contraceptives to minors under 16 years old, promote or endorse the use of contraceptives, or for anyone other than a licensed pharmacist to distribute contraceptives to anyone older than 16. It was also illegal for minors to mail order contraceptives.
A three judge District Court decided that this law was unconstitutional under the First and Fourteenth Amendments. The judges present throughout this case were Mr. Justice Brennan, Mr. Justice Stewart, Mr. Justice Marshall, and Mr. Justice Blackmun. They all had the common view that the provision prohibiting the distribution of contraceptives to people under 16 years old cannot be justified as a valid regulation of an adolescent’s morals in regards to the State’s policy against immoral sexual intercourse among adolescents. Also, they each agree that the prohibition of selling contraceptives does not discourage sexual activity.
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