Excerpt of Religious Freedom after the Sexual Revolution by Helen Alvaré
July 13, 2022
Griswold is easily characterized as the case kicking off the Supreme Court’s high level of interest in sexual freedom as individual liberty. There the Court proved willing to create a constitutional right without explicitly supporting constitutional text. This exercise is not only fraught with uncertainty, but easily invites judges to substitute their personal predilections for the actual meaning of the Constitution and at the same time to trespass into the rightful sphere of legislatures.