“Once you narrow the space for same-sex couples to exercise their rights, once you normalize that they can’t expect equal treatment, then you’re on the road to normalizing different treatment,” Murray said, adding that it only takes about 10 to 20 years to entrench and mainstream such ideas. Cases like this will allow the religious right to use the Supreme Court to chisel away at gay rights. Professor Murray said the dismantling of marriage equality could be a long-term project-by emphasizing First Amendment rights and religious freedoms to create religious accommodations and objections to same-sex marriage.įor example, the conservative majority in 2018 ruled in favor of a Colorado baker who refused to bake a wedding cake for a same-sex couple on the basis of a religious objection. “Republicans are trying to do in court what they can’t do in majoritarian politics.” “Courts are the weapon of the minority,” Murray told me last week, before Justice Alito’s majority opinion was leaked. Melissa Murray, a legal scholar and professor of law at NYU, agrees with me that Republicans will most likely focus on gay marriage and contraception after they’re done hollowing out Roe. Currently, we have Republicans banning books across the country, and passing laws designed to intimidate educators for teaching about diversity and “divisive” topics.Ī grand undoing of civil rights by the right wing is now an all-too-possible reality, and we have to be prepared. If all of this seems outlandish, well, so was the idea of Roe being overturned.
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I wonder how Justice Clarence Thomas, who is married to Ginni Thomas, a white woman, would vote if such a challenge to Loving were brought before him? Maybe he’d take one for the team. Virginia-which legalized interracial marriages nationwide.īraun, instead, wants to let the states decide the issue (because that has worked out so wonderfully in the past for Black people trying to live their lives without fear of violence, harassment, inequality, and discrimination). Mike Braun, who went a step further and said he would even be open to overturning Loving v. Blackburn, of course, believes the decision was “constitutionally unsound.” She is joined by Sen. Specifically, it allowed married couples the right to buy and use contraceptives without government restrictions. Connecticut, a landmark 1965 decision that granted the right to privacy and paved the way for Roe. Marsha Blackburn openly said she opposed Griswold v.
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Until very recently, that’s what the vast majority of Americans thought. In a controversial 2020 speech at the Federalist Society, Alito whined that straight, religious families are apparently the real victims of marriage equality because people like Alito can no longer say, “that marriage is a union between one man and one woman. Hodges, which legalized gay marriage, was faulty and an “edict” of the Supreme Court. John Cornyn attempted to make the case that Obergefell v. During the confirmation hearing of Justice-designate Ketanji Brown Jackson, Republican senators gave us a sneak preview of their ambitious goals to strip away our hard-earned rights. Like helpful James Bond villains, they’ve been telling us the plot all along, but many refuse to take them literally and seriously. Unlike many of my colleagues in the media industry, I take Republicans at their word. Susan Collins trusts these justices, so we should too! However, by the right-wing majority’s very own logic used to dismantle Roe, these unenumerated rights don’t have any protection. The draft opinion assures us that overturning Roe would have no such impact on these other rights. In the leaked draft opinion, Justice Alito justifies his ruling by claiming abortion isn’t an unenumerated right, and “the Constitution makes no reference to abortion and no such right is implicitly protected by any constitutional provision.” Well, same-sex marriage and the right to contraception are also unenumerated rights. In Texas, for example, a doctor could go to prison for life if they perform an abortion on a woman who was raped by a family member. The opinion of four men and Justice Amy Coney Barrett will lead to a likely prohibition on abortion in 26 states. Meanwhile, 59 countries have expanded access. Casey, which affirmed that the state is prohibited from banning most abortions, the ruling will allow its right-wing majority to zero in on marriage equality and the use of contraceptives, which will be next on the chopping block.īy overturning Roe and Casey, America will join only three other backsliding democratic countries in the past 30 years to restrict a woman’s right to abortion.
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If the court upholds the law, and overturns Roe and Planned Parenthood vs.