Judge Thomas says Supreme Court must reconsider rulings protecting access to contraception and same-sex marriage as court overturns Roe v. Wade

Clarence Thomas

Justice Clarence ThomasDrew Angerer/Getty Images

  • The Supreme Court overturned previous abortion rights enshrined in Friday’s landmark Roe v. Wade decision.

  • In a unanimous opinion, Judge Thomas said the court should reconsider rulings on contraception, same-sex relationships and same-sex marriage.

  • “In future cases, we must reconsider all substantive precedents of this Court, including Griswold, Lawrence and Obergefell.”

Agreeing with Friday’s Supreme Court ruling to overturn the precedent in Roe v. Wade, Judge Clarence Thomas said the court should reconsider rulings protecting access to contraception, same-sex relationships and same-sex marriage.

The Supreme Court overturned Roe v. Wade on Friday, with Judge Samuel Alito drafting an opinion in favor of Mississippi in Dobbs v. Jackson Women’s Health.

The decision eliminates the standard set in Roe, which allowed abortion until about 24 weeks of gestation, known as viability, the point at which a fetus can survive outside the womb.

Thomas wrote in his unanimous opinion that the court should investigate other cases that fall under the Court’s previous proceedings.

“For that reason, in future cases, we must reconsider all of the Court’s substantive precedents, including Griswold, Lawrence and Obergefell,” Thomas wrote.

The Due Process Clause ensures that every American has the right to a fair trial before anyone can take away their inalienable rights.

Concurring opinions are court opinions that correspond to the majority opinion of the Supreme Court, but recognize different reasons for reaching the same conclusion. The opinion is not a binding precedent, unlike the majority opinion.

The Griswold v. Connecticut decision was made in 1965, when the Supreme Court decided in a 7-2 decision that people have the right to privacy granted by the Bill of Rights protecting against state restrictions on contraception. If it is undone, states would be given the option to ban various forms of contraception.

In 2003, the Supreme Court ruled by 6-3 votes in the Lawrence v. Texas case that making it a crime for same-sex members to have intimate sexual relations violates the due process clause.

“Their right to liberty under the Due Process Clause gives them the full right to participate in their conduct without government intervention,” Judge Anthony Kennedy wrote in his opinion.

Finally, in 2015 the Supreme Court ruled in the Obergefell v. Hodges In the event that the due process clause of the Fourteenth Amendment protects the rights of same-sex couples to marry in the same way as opposite-sex couples.

Read the original article Business Insider

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