McGee v. The Attorney General
McGee v. The Attorney General was a case in the Irish Supreme Court 1974 that referenced Article 41 of the Irish Constitution.[1] A court ruling 4 to 1 which gave family conferred upon spouses a broad right to privacy in marital affairs.
Background
Mary McGee was a 27 year old mother of four at the time of the case. McGee's second and third pregnancies were complicated by severe cerebral thrombosis.[2] 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 prescribe to her.[3]
However the 1935 criminal law act prohibited her from acquiring the prescription.
Ruling
The Irish Supreme Court ruled, by a 4 to 1 majority in favor of the McGees, after determining that married couples have the constitutional right to make private decisions on family planning.[4]