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SCOTUS Won’t Stop With Abortion — Contraception & Same-Sex Marriage & Relationships Are In Their Sights

SCOTUS Won’t Stop With Abortion — Contraception & Same-Sex Marriage & Relationships Are In Their Sights

The Supreme Court has overturned the landmark decision Roe v. Wade, after half a century in which the right to an abortion was protected in the United States. What’s next? We don’t have to guess, since at least one Justice had the courtesy to warn us what he sees as the agenda.

[Photo by Win McNamee/Getty Images]

Justice Clarence Thomas, rather than joining in the majority opinion, wrote a concurring opinion, agreeing with the major premise of the opinion, but also adding his own thoughts. These include other precedents to target. You can read the full SCOTUS opinion set here, including the dissent signed by Justices Sonia Sotomeyer, Elena Kagan, and Stephen Breyer.

The key passage from Justice Thomas’ concurring opinion is below:

“For that reason, in future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell. Because any substantive due process decision is “demonstrably erroneous…we have a duty to “correct the error” established in those precedents…After overruling these demonstrably erroneous decisions, the question would remain whether other constitutional provisions guarantee the myriad rights that our substantive due process cases have generated.”

Obergefell v. Hodges, of course, is the relatively recent decision on marriage equality, determining that government does not have the right to deny marriage to a same-sex couple.

Griswold v. Connecticut is a 1965 case in which it was ruled that a state could not ban access to contraceptives, because it infringed on the right to marital privacy. You can read further on that case at Thirteen, here.

See Also

Lawrence v. Texas, as you can read at Oyez, here, was the case in which it was ruled that same-sex relationships and consensual sex acts between same-sex partners cannot be criminalized.

In short, Thomas wants the court to “reconsider” the rights to same-sex relationships, marriage equality, and access to birth control — making the country less tolerant, less safe, and less free.

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