A Brief History
On March 22, 1972, the US Supreme Court decided that unmarried Americans were allowed to have sex!
Digging Deeper
It is hard to imagine that so recently the commonly referred to as liberal state of Massachusetts had a law against distribution of contraceptives except by pharmacists or doctors and then only to married people!
The Massachusetts law prohibiting “Crimes against Chastity” was on trial after a lecturer and advocate of population control through contraception purposely violated the law in order to mount the court challenge, known as Eisenstadt v. Baird.
At issue was the right of unmarried Americans to engage in sexual intercourse, as well as whether or not to have children. What was not at issue was same sex sexual activity or any of the myriad of activities known collectively as sodomy.
The Supreme Court voted 6 to 1 in favor of striking down the Massachusetts law for reasons of due process and equal protection under the law. Chief Justice Burger disagreed, feeling that the assertion forwarded by the state that the law somehow protected the public health had not been disproven by Baird, apparently feeling the state had no requirement to prove its assertion that health issues were involved.
Today, while we watch television commercials for contraceptives, prescription drugs for erectile dysfunction, and even penis enlargement pills it is hard to believe that on such a recent date a state could have a law against free access to contraception and making extra-marital (or pre-marital) sex a crime. Well, even more recently laws still banned various forms of sodomy, and not until Lawrence v. Texas in 2003 (!) did the Supreme Court decide that consenting adults could engage in the type of sex they wanted to as long as it was not for money (prostitution). This ruling had overturned the 1986 case Bowers v. Hardwick that upheld a state’s right to outlaw homosexual sex (sodomy).
The country and the world has changed a lot since 1972, in many ways and especially with attitudes about sex (Roe v. Wade made abortion legal in 1973).
Question for students (and subscribers): What does the future hold? As rapidly as technology, public norms and mores have changed it is really hard to say. What do you think the next major changes will be? Please let us know in the comments section below this article.
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Historical Evdience
For more information, see…
Jütte, Prof Robert. Contraception: A History. Polity, 2008.
McLaren, Angus. History of Contraception. Blackwell, 1992.
Noonan Jr., John T. Contraception: A History of Its Treatment by the Catholic Theologians and Canonists, Enlarged Edition (Belknap Press). Harvard University Press, 1986.
Riddle, John M. Eve’s Herbs: A History of Contraception and Abortion in the West. Harvard University Press, 1999.
<span class="dsq-postid" data-dsqidentifier="1573 http://www.crackedhistory.com/?p=1573">96 Comments
As if people in 1972 did not have sex when unmarried, they knew other ways to stop pregnancy or they lived with the consequences.
I understand the importance of being married first… but seriously! — DAVID WARDLE
I think the supreme court over stepped their boundaries by getting involved in the personal lives of Americans. They are their to explain, decide what the constitution means
Astounding that laws existed so recently against sex prior to marriage. I do not believe it is an issue that government should have ever been able to condemn against.
Human beings are sexual beings. Marriage does not need to be an option in a consenting sexual relationship. There’s no need to shame others who do not share your values. I can see why now older folks tend to oppose unmarried couples with children. They still live with that mindset. I think the next major step in this country will be gay marriage in all states and transgender rights. Possibly marijuana legalized?
This type of law amazes me because it is never like this today. It’s also amazing to see how much the government has changed.
Marijuana legalized seems to be the next big change in our countries laws seeing that some states are starting to legalize it for recreational use (for better or for worse).
Allowed to use, sadly, doesn’t mean capable of using. It still amazes me that some grown adults, with access to the collective knowledge of humanity with a few mouse clicks, still are completely unaware how certain contraceptives are used.
The fact that this happened in the not so distant past is amazing. I think the next big change will be legalized gay marriage in all 50 states
Its the way of the world.
Was there a baby boom in Massachusetts?? Lol right now!!
The US was definitely a different place back then. But what’s funny is that some people still don’t use the contraceptives that this case allowed them to have.
It’s crazy how much has changed since then. We see contraceptives allover TV commercial bill boards etc. now.
It seems like the way of the future will be legalized marijuana and assisted suicide for those with terminal illnesses.
Never heard of this. I do not know how they would monitor what people would do behind close doors. It is crazy how far things have come since back then.
I had no idea that at one point only married couples could have contraceptives.
I did not know that unmarried people were not allowed contraceptives.
I never knew that this was even an issue. Today you can do basically whatever you want when it comes to contraceptives.
I was unaware that in the early stages of contraceptives, only married people were allowed to use them.
I think its crazy that only married people could use contraceptives.
I can’t imagine a time when the decision of contraceptive use for particular individuals was held by our governments.
I didn’t know that only married people were allowed to use contraceptives.
I did not know there used to be a law against this.
It is hard to believe this was so recent!
wow i never knew that only married people were allowed to use contraceptives, today anyone can use it
That’s so odd how something so commonly done today was illegal not so long ago.
Such a crazy thing to think about how only married people could use them
only married people using them is odd to me. laws against this is disturbing to me.
It is funny to me that people are against safety. Why is being safe with your spouse different for being safe with a person out of marriage? When religious values mix with politics it becomes a bigger mess because everyone has a voice and who ever has the loudest wins.
It’s crazy that there was a law like this. But it shows that you can’t really stop people from having sex.
I can’t believe this was a law. Every person has the right to contraceptives and the right to engage in sexual intercourse at whatever point in their life. Regardless of their martial status.
This law is absurd. Everyone has the right to make their own choices and to have contraceptives if they please. It’s better to be safe than risking anything. Plus, people will do it anyways so why not allow them to be practicing safe sex.
I THInk people should have free of action also as far as sex! People know right and wrong so they can do what they want! That law Is BS!
Taking away contraceptives is not a smart choice. The fact is that not everyone is going to wait until they are married to engage in sexual relations. Therefore, it is important that there are options available to practice safe sex.
I believe that all people should have access to free contraceptives. It would prevent many different diseases from spreading and would decrease abortion rates. Today, not many people wait until marriage to engage in sexual activity. If these people are trying to be responsible, they should have access to this protection.
Aside from prostitution, I think what consenting adults choose to do behind closed doors should not be any of the government’s business.
Everyone should have access to contraceptives.
Contraceptives are so commonly used today that people do not even think twice about them. Also, birth control pills can be used to treat other issues besides being used as a contraceptive.
I think that it is crazy that there was a law against certain people to have access to contraceptives.
This is something I would have never thought to be an issue. I cannot believe premarital sex was considered a crime. Everyone should have access to contraceptives because it helps with many other things besides preventing pregnancy.
The stuff that the supreme court has to rule on. Sex between unmarried couples… really.
Premarital sex will always be happening, and I’m glad the government realized that they should be helping people do the deed safely.
Not allowing unmarried individuals access to contraceptives was a reflection of a narrowed cultural perspective and a fear of immoral behavior.
I believe that with the advancement of technology, there could be several new types of contraception in the future.
I cannot believe there was actually a law forbidding sex outside of marriage and distribution of condoms. That just seems so crazy.
I never knew this was a thing until I read this article but I know with they way society has changed I am not really surprised.
This article really shows how the times have changed over the span of four decades. Overall, I am pretty conservative minded but understand why contraceptives should be legalized.
I didn’t know this law ever existed. Laws have changed a lot since this law.
I feel that sex is a very personal thing and that the supreme law should not really have a say in personal choices whether the couple is married or not. Everyone should be allowed to do what they want in the subject of sex and they should also be allowed to have access to protection.
I found it surprising that the Supreme Court was involved. I always thought that it just was times changing as were the views of society. I never knew that it was a law that was passed.
With the rapid economic development, people’s demand level is gradually rising, and the attitudes of life are also changing. I agree with Alyssa’s opinion. Sex is a personal thing and people have the right to do sex with others no matter they are married or not.
It is crazy to think that this took place in 1972! That seems not too far away for something such as contraceptive use for unmarried people.
When I saw the date on this article it was crazy to think that it happened in 1972, and that the Supreme Court had to get involved, and I think that women, employed or unemployed, should be in control of their own bodies
It is amazing to see how fast the country has changed from 1972 to now where a lot of girls at teenage years are on some kind of contraceptive.
I still believe it is important to be married before intercourse,but if people choose to, they should be allowed to.
I did not realize this happened not that long ago! I think that people should wait until marriage, but it is good that people are allowedto have contraceptives to prevent unwanted pregnancies now.
I did not realize that there had to be a law in place or items like this.
I had no idea that this was against the law at the time. I always thought that it was a religious choice and never even thought to think that at one point it was against the law.
It is crazy that they would limit such a simple thing that could help protect so many people.
I never knew that it was once illegal, I just always thought it was based on religion.
@disqus_xU38p2qRRX:disqus I didn’t know that it was ever illegal either, just religion-based. For something that is so routine for many women present day, it seems bizarre that this was a key moment of approval at one time.
I think it’s crazy it was illegal in the first place. it’s helped so many people
It was positive that religion got out of government here so that women wouldn’t end up positive.
That is incredible that it took until 1972 for use of contraceptives to be legalized by unmarried people.
Its crazy it took so long for the use of Contraceptives to be legalized.
Crazy without contraception there would be so many more people I this world
This was an interesting read! I never knew about this taking place.
These stories always make me laugh a little. To think the government was involved in these types of things are just ridiculous.
The government should have zero say in what two consenting adults do. Probably would have stopped a lot of unwanted pregnancies had unmarried people had access to contraception!
Many moral laws over the years have changed. The government has released the control of moral decisions more and more over the years. I wonder how abortion laws will be in the future.
This is an article that shows how far we have come from the past of being in total control by our government. The loosening of the reigns has been seen in many of the decisions made in the last couple of years.
How could the government even control who had sex with who? It is pretty interesting that you would have to get contraceptives directly from a doctor, I bet a lot of babies were born out of wedlock.
Imagine all of the people having sex unmarried who now felt a sense of security with contraceptives now available.
I can’t even image what the world would be like right not if we did not have contraception.
If they lift the ban and allow people to have sex with protection this country would be full of babies and diseases. If people are going to have sex then at least they are protected and not bringing unwanted kids into this world.
Thank god for contraception. Ill just leave it at that.
This world would be in trouble and over crowd if we did not have contraception, because people are always going to have sex.
Just one of many laws that had ridiculous written on them. There still remains many ridiculous laws on the books in many states and cities. A leftover remembrance of the strict upbringing of those in the old days.
Well, I learn something new every time that I read a story on this website. I had no idea that prior to 1972 contraceptives were not offered/administered to un-married people. Also, I had no idea that sodomy was illegal at one point in time, why would the government care about that?
I can’t believe that contraceptives were banned from people in the first place! What a crazy thought!
Contraceptives should never had been made illegal for unmarried people. I may be against abortion but I fully support the people wanting to be responsible and use contraceptives.
I think contraceptives should be aloud if they want to be say and not have kids then let them.
I honestly did not know until this article that Massachusetts had a “crime against chastity” law preventing women of an unmarried statues to have sex. You have to wonder how many women were prosecuted for breaking that law. The fact that the supreme court ruled against Massachusetts shows how our society started to change. Looking at it today it shows how much our society has changed.
I could not imagine a time where people could be denied access to contraceptives. I believe they should be even more accessible than they are already.
I did not know that up until 2003 it was legal for states to make sodomy illegal. I feel that if there were no contraception we would be very much over-populated.
It is pretty insane that personal sexual decisions were in the hands of the state legislature so recently.
I cannot believe there was a law as ridiculous as this, if anything you would think that unmarried people should have more access to contraceptives. But how is it possible that they felt it was their right to say who could have contraceptives or not.
It is hard to imagine that something as common today as contraceptives that you can get at your local drug mart or Wal-Mart used to be illegal to unmarried people.
What a crazy law to begin with!! Kind of reminds me of those who think people only have sex for procreation.
I am for gay marriage, gay rights and all that jazz. However I have noticed a shift with people marrying robots, or animals. I think it’s just weird. That being said, I’m only trying to worry about myself.
I believe people should marry whoever they love. No matter whether you’re straight, gay, lesbian, or bisexual.
Wow, to think there was a ban on contraceptives for only married person’s prior to 1972 is crazy! But, could this have lead to the promiscuity of todays society? Trust me, I am all for contraceptives!! But was this the gateway to allowing premarital sex to be acceptable. I see many teens who are pregnant and question why because of the availability of contraceptives. Finally, when it comes to being homosexual, bisexual, transgender, I do not care. Everyone is entitled to love and being happy with being able to marry and have opportunity to bear children or adopt with out negative judgment.
When it comes to sexual preference I believe everyone has the right to choose and its no ones place to judge them or choose for them. Now dealing with contraceptives I believe everyone should have the right to them not just married couples. Never knew that as of March 1972 was when unmarried people were allowed to have sex is crazy.
It’s crazy to think that back then, everything was so controlled. People didn’t seem to have freedom. Now, there’s legal same-sex marriages. Our society is slowly, but surely accepting people’s different sexual preferences.
Some states had a law stating unmarried couples couldn’t engage in intercourse but if you were the same sex it was okay, because they can’t get pregnant?
I had no idea laws like this were in place so recently.