Same-Sex Marriage and Contraception Should Be Next on Chopping Block: Clarence Thomas

In a landmark decision, the Supreme Court stripped American women of their right to reproductive autonomy. In a 6-3 ruling, the Supreme Court on Friday determined that states can restrict or outright ban abortion at any point during a pregnancy. The decision overturned Roe v. Wade, a 1973 case that established a constitutional right to abortion services. 

In a concurring opinion, conservative Justice Clarence Thomas indicated that the Supreme Court should reconsider previous rulings that established the right to contraception, same-sex marriage, and protections for same-sex relationships. 

In a solo concurring opinion, Thomas says the court should reconsider rulings that protect contraception, same-sex relationships, and same-sex marriage. pic.twitter.com/zcQNko6NVR

— Matt Ford (@fordm) June 24, 2022

“We should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergfell,” Thomas wrote.

The three cases are fundamental rulings that established key reproductive, sexual, and civic rights for Americans. Griswold v. Connecticut (1965) established the right of married couples to purchase contraception without government restriction. Lawrence v. Texas (2003) established that criminal punishments for those who commit “sodomy” were unconstitutional. Obergefell v. Hodges (2015) ruled that the right to marriage was guaranteed to same-sex couples. The targeting of these decisions by Thomas indicates claims by conservatives that the interpretation of the due process clause and “right to privacy” used to overturn Roe v. Wade will be limited to rulings on abortion access are not to be believed. 

The ruling in Dobbs v. Jackson Women’s Health Organization represents the culmination a decades-long push by conservatives to overturn abortion rights. The ruling means that dozens of states are now poised to severely curtail or outlaw and criminalize abortion services.