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The Forgotten Family Law of Eisenstadt v. Baird

By Susan Frelich Appleton

Abstract

Recent Supreme Court rulings on marriage equality and religious objections to contraception have obscured the legacy of Eisenstadt v. Baird, the 1972 case that promised to change the course of family law. In extending constitutional protection to unmarried persons\u27 access to birth control, Eisenstadt heralded a new family law that would be more inclusive, liberatory, sex-positive, and feminist than its predecessors. Although several forward-looking shifts in family law can trace their roots to this case and it lives on in today\u27s jurisprudence, Eisenstadt\u27s full transformative potential has been forgotten, if not co-opted, in service of a narrow and largely traditional agenda

Topics: Law
Publisher: Yale Law School Legal Scholarship Repository
Year: 2017
OAI identifier: oai:digitalcommons.law.yale.edu:yjlf-1362
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