Clarence Thomas says Supreme Court should reconsider contraception and same-sex marriage rulings


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Supreme Court Justice Clarence Thomas has raised the possibility of revisiting several key decisions following the overturning of Roe v. Wade.

Thomas, who voted with the majority to overturn the landmark abortion case, made his feelings known in a separate concurring opinion.

Thomas’ opinion drew comparisons between abortion and several other policy issues that have been addressed by the Supreme Court in recent years.

“In future cases, we should reconsider all substantial due process precedents of this Court, including Griswold, Lawrenceand Oberfell,” Thomas wrote in his concurring opinion. “Because any substantive due process ruling is ‘patently wrong’, […] we have a duty to “correct the error” established in these precedents.”

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FILE – Supreme Court Justice Clarence Thomas delivers remarks at the grand opening of Georgia’s new Nathan Deal Judicial Center in Atlanta, February 11, 2020.
(AP Photo/John Amis, File)

Griswold v. Connecticut was a landmark 1965 case that ruled that the use of contraception between two married people was a matter of privacy and protected by the Constitution.

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Lawrence v. Texas in 2003 dealt with same-sex sexual relations between consenting parties, and Oberfell v. Hodges stepped into the same territory in 2015 to make same-sex marriage a constitutionally protected right to privacy.

Thomas speculated that Roe’s reversal would provide a blueprint for revisiting years of decisions that he says are “demonstrably wrong”.

“After reversing these blatantly erroneous rulings, the question remains whether other constitutional provisions guarantee the myriad of rights that our substantive due process cases have generated,” Thomas wrote.

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Pro-life protesters outside the United States Supreme Court in Washington, Friday, June 24, 2022.

Pro-life protesters outside the United States Supreme Court in Washington, Friday, June 24, 2022.
(Valerie Plesch/Bloomberg via Getty Images)

The New York Times and Washington Post published opinion columns on Wednesday warning of the “ugly uprising” of the conservative movement against LGBTQ rights.

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The Washington Post’s Alyssa Rosenberg worried that conservatives were seeking to erase a “more tolerant future” for LGBTQ people in America, while Charles M. Blow of the New York Times argued that the right was forcing LGBTQ people into “cultural gay ghettos. “.

Both columns expressed concern over recent efforts by the conservative movement to challenge aspects of the LGBTQ agenda, citing the backlash against a new Disney/Pixar movie, Florida’s “Don’t Say Gay” bill, and the conservative opposition to drag queen storytime events for children.


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