In the late nineteenth century, the Comstock Act of 1873 made the distribution of contraception illegal and classified contraception as an obscenity. Reflecting the predominant attitude towards contraception at the time, the Comstock Act was the first federal anti-obscenity law that targeted contraception. However, social acceptance of birth control changed at the turn of the twentieth century. In this thesis, I analyzed legislation, advocates, and literature pertinent to that social change to report on the events leading up to the decriminalization of contraception.

Endometriosis is a medical condition that involves abnormal growths of tissue resembling the endometrium, which is the tissue that lines the inside of the uterus. Those growths, called endometrial lesions, typically form outside the uterus, but can spread to other reproductive organs such as ovaries and fallopian tubes. Endometrial lesions swell and bleed during menstruation, which can cause painful and heavy menstruation, as well as infertility. As of 2021, there is no cure for endometriosis, although medical therapies such as birth control pills and GnRH analogues can treat the painful symptoms of endometriosis. More than eleven percent of women between the ages fifteen and forty-four in the US have endometriosis, which can often decrease a woman’s quality of life due to painful symptoms and impair her reproductive potential.

On 22 March 1972, in Eisenstadt v. Baird, hereafter Eisenstadt, the United States Supreme Court determined, in a six to one decision, that unmarried individuals have the same right to access contraceptives as married couples. Eisenstadt involved William Baird, a reproductive rights advocate who intentionally broke Massachusetts law in 1967 by giving a speech about birth control at Boston University in Boston, Massachusetts, and giving an unmarried, nineteen-year-old woman contraceptives. Baird argued that laws against unmarried people accessing contraceptives unfairly discriminated against unmarried people and denied them reproductive autonomy. Massachusetts law, however, stated that contraceptives could only be distributed by medical professions to married people. The case followed a similar legal challenge from 1965, Griswold v. Connecticut, hereafter Griswold, which found that married individuals have the right to access contraceptives based on a constitutional right to privacy in the US. Eisenstadt reinforced the constitutional right to privacy and equalized the accessibility to contraceptives for married and single individuals.