Friday, June 24, 2022

Contraception, Gay Marriage: Clarence Thomas Signals New Targets for Supreme Court

THE GUARDIAN: Rightwing justice appears to offer preview of the court’s potential future rulings after decision to remove US abortion rights

Donald Trump with Clarence Thomas as Amy Coney Barrett is confirmed to the supreme court in October 2020. Photograph: Alex Brandon/AP

Many Americans reacted to the supreme court’s decision to reverse Roe v Wade and remove federal abortion rights in the US with shock, but many also asked a terrified question: what might be next?

The conservative justice Clarence Thomas appeared to offer a preview of the court’s potential future rulings, suggesting the rightwing-controlled court may return to the issues of contraception access and marriage equality, threatening LGBTQ rights.

“In future cases, we should reconsider all of this court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell,” Thomas wrote in his concurring opinion to the ruling on Roe.

Griswold v Connecticut established a married couple’s right to use contraception without government interference in 1965. The court ruled in the 2003 case of Lawrence v Texas that states could not criminalize sodomy, and Obergefell v Hodges established the right for same-sex couples to marry in 2015.

Thomas’s words confirmed what many progressive lawmakers and reproductive rights advocates have feared for years. The end of Roe marks the beginning, not the end, of judicial overreach by the court’s conservative majority, they say.

“It is important that Americans understand that this supreme court and Republicans in Congress will not stop here,” said Pramila Jayapal, the chair of the Congressional Progressive Caucus. “It is clear [Thomas] and the court’s majority have no respect for other precedents that have been won in recent decades.” » | Joan E Greve in Washington | Friday, June 24, 2022

Clarence Thomas Ready to Strike Down Marriage Equality Following Dobbs: The reasoning in today's decision overruling Roe v. Wade shows that rulings on marriage equality, consensual sex, and contraception were erroneous, he says. »

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