McGee v. The Attorney General

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McGee v. The Attorney General [1973] IR 284 was a case in the Irish Supreme Court in 1973 that referenced Article 41 of the Irish Constitution.[1][2] A court ruling 4 to 1 conferred upon spouses a broad right to .[3]

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.[4] 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.[5]

However, Section 17 of the prohibited her from acquiring the prescription.

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.[5]

References[]

  1. ^ "Constitution of Ireland" (PDF). Department of the Taoiseach. Archived (PDF) from the original on 2017-11-14.
  2. ^ "The Library of Trinity College Dublin - Off Campus Access to e-Resources". Justcite.com.elib.tcd.ie. Archived from the original on 2020-01-26. Retrieved 2018-05-07.
  3. ^ "McGee v. The Attorney General".{{cite web}}: CS1 maint: url-status (link)
  4. ^ "Cerebral Venous Thrombosis". Archived from the original on 2015-02-28.
  5. ^ a b "SIBÉAL". Archived from the original on 2019-06-16.
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