McGee v The Attorney General

McGee v The Attorney General 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.

Background

May 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. However, section 17 of the Criminal Law Amendment Act 1935 prohibited the importation of these devices and they were seized by customs. McGee and her husband Shay decided to challenge the law.

Ruling

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

Commemoration

A mosaic celebrating May McGee and her legal challenge was unveiled in August 2025 in Floraville Gardens at Skerries, County Dublin.