Overturning abortion was first. Now, if longest-sitting Supreme Court Justice Clarence Thomas has his way, same-sex marriage, same-sex relationships and access to contraceptives are next, according to a concurring opinion in Friday’s ruling overturning Roe v. Wade.
The justices “should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell” Thomas wrote, via the Washington Examiner. “We have a duty to ‘correct the error’ established in those precedents.”
The rulings Thomas wants another look at are all centered around constitutional issues of privacy, due process, and equal protection rights.
Griswold v. Connecticut is the 1965 landmark Supreme Court decision that protects the use of contraceptives without government restriction. Obergefell v. Hodges is a 2015 precedent-setting civil rights case decided by SCOTUS that guaranteed the right to marry for same-sex couples. And Lawrence v. Texas was a 2003 ruling that protected same-sex relationships.
In May, Politico published a draft majority opinion of the court’s decision to strike down Roe. v. Wade. Since then Democratic politicians have warned that the ruling would lead to the reversal of other related cases.
The liberal-leaning majority of the court feels the same way.
Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan wrote in their dissenting opinion that “no one should be confident that this majority is done with its work.”
The constitutional right to abortion “does not stand alone,” the three justices wrote. “To the contrary, the Court has linked it for decades to other settled freedoms involving bodily integrity, familial relationships, and procreation.”
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