McGee v. The Attorney General

McGee v. The Attorney General [1973] IR 284 was a judgment of the Irish Supreme Court in 1973 on marital privacy. By a decision of 4 to 1, the court conferred upon spouses a broad right to privacy in marital affairs.

McGee v. Attorney General
CourtSupreme Court of Ireland
Full case nameMary McGee v. The Attorney General and the Revenue Commissioners
Decided19 December 1973
Citation(s)[1974] I.R. 284
Case history
Appealed fromHigh Court (O'Keeffe P.), 31 July 1972
Court membership
Judges sittingFitzGerald C.J., Walsh, Budd, Henchy and Griffin J.J.
Case opinions
Decision byWalsh, Budd, Henchy and Griffin J.J.
DissentFitzGerald C.J.
Keywords

Background

Mary McGee was a 27-year-old mother of four, including twins, at the time of the case. McGee's second and third pregnancies were complicated by severe cerebral thrombosis. Also during her pregnancies she suffered from a stroke and temporary paralysis. Her condition was such that she was advised by her physician that if she would become pregnant again her life would be endangered. She was then instructed to use a diaphragm and spermicidal jelly that was prescribed to her.[1] However, section 17 of the Criminal Law Amendment Act 1935 prohibited the importation of these devices.[2]

Ruling

The Supreme Court ruled by a 4 to 1 majority in favor of Mary McGee, after determining that married couples have the constitutional right to make private decisions on family planning.[1][3]

References

  1. "SIBÉAL". Archived from the original on 16 June 2019.
  2. Criminal Law Amendment Act 1935, s. 17: Prohibition of sale and importation of contraceptives (No. 6 of 1935, s. 17). Enacted on 28 February 1935. Act of the Oireachtas. Retrieved from Irish Statute Book.
  3. McGee v. Attorney General [1973] IESC 2, [1974] I.R. 284, Supreme Court
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