Privacy Rights: Their Evolution, Expansion, And Narrowing

Author

Rebecca Nichole Ivans, Utah State University

Date of Award

12-2025

Degree Type

Thesis

Degree Name

Departmental Honors

Department

Political Science

Abstract

Privacy rights in the United States have evolved significantly through judicial interpretation, with reproductive rights playing a central role in their expansion and contraction. This paper examines how the Supreme Court's treatment of reproductive rights has shaped the broader understanding of constitutional privacy rights, focusing on landmark cases from Griswold v. Connecticut (1965) to Dobbs v. Jackson Women's Health Organization (2022).

The analysis begins by exploring how the Court first established privacy rights through "penumbras" found within various constitutional amendments, particularly in Griswold's protection of contraceptive access for married couples. The paper traces the expansion of these rights through subsequent cases such as Eisenstadt v. Baird (1972), which extended contraceptive rights to unmarried individuals, and Roe v. Wade (1973), which established abortion as a constitutional right. These cases demonstrate how reproductive rights served as a vehicle for broadening privacy protections and expanding judicial review.

The paper then examines how Planned Parenthood v. Casey (1992) modified Roe's framework while preserving its essential holding, replacing the trimester system with an "undue burden" test that gave states greater latitude to regulate abortion while maintaining constitutional protections. This evolution shows how reproductive rights cases helped develop more sophisticated frameworks for balancing individual rights against state interests.

The analysis culminates with an examination of Dobbs v. Jackson (2022), which overturned Roe and fundamentally reshaped the landscape of reproductive rights and privacy protections in the United States. The paper argues that this reversal highlights the instability of relying solely on judicial interpretation to protect fundamental rights and demonstrates the need for congressional action to establish stable, democratic protections for reproductive freedom.

Throughout the discussion, the paper examines how the Court's treatment of reproductive rights has influenced its approach to other privacy and autonomy rights. It argues that while judicial review has been crucial in protecting individual liberties, Congress should take the lead in establishing federal protections for reproductive rights. This would provide more stable and democratically legitimate safeguards while helping restore proper institutional roles in the constitutional system.

The paper concludes that abortion rights are fundamental to human rights and civil liberties, deeply rooted in principles of personal autonomy, bodily integrity, and gender equality. It contends that protecting reproductive rights through federal legislation rather than judicial interpretation would better serve democratic values while ensuring consistent protection of these essential freedoms across the United States.

Recommended Citation

Ivans, Rebecca Nichole, "Privacy Rights: Their Evolution, Expansion, And Narrowing" (2025). Undergraduate Honors Capstone Projects. 1005.
https://digitalcommons.usu.edu/honors/1005