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Carey v. Population Services International | 431 U.S. 678 (1977)

Since at least the mid-1960s, the United States Supreme Court has recognized a personal right to privacy. Although not explicitly mentioned in the Constitution, this right derives from a zone of privacy created by other specific rights. In Carey versus Population Services International, the Supreme Court considered how far this right extends to minors.

New York State enacted a law making it a crime for anyone to sell or distribute contraceptives to minors under sixteen. Population Services International, a nonprofit corporation providing contraceptive information and services, sued Hugh Carey, New York’s governor, challenging the law as unconstitutional. A three-judge panel of the District Court for the Southern District of New York ruled the statute unconstitutional under the Fourteenth Amendment as applied to nonprescription contraceptives and enjoined its enforcement. Carey appealed to the United States Supreme Court.

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