Thomas: Contraception, same-sex marriage should be reconsidered following Roe v. Wade

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Published: Jun. 24, 2022 at 11:58 AM EDT
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WASHINGTON, D.C. (WILX) - The Supreme Court has overturned Roe v. Wade, which had guaranteed a woman’s ability to have an abortion if she did not wish to be pregnant. The decision means women no longer have that right country-wide.

The concurring opinion from Justice Clarence Thomas suggests the court may seek to remove other rights that had previously been thought settled.

Until the Roe v. Wade decision, the Supreme Court had never withdrawn a personal right it had granted. Justice Thomas wrote in his concurring opinion that he believes the court has opened the way to overturning three more decisions that ensured states cannot ban contraception, same-sex marriage and same-sex relationships.

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

26 states, including Michigan, have laws that were made irrelevant by Roe v. Wade but were never taken off the books. With Roe overturned, those laws now make abortion illegal in those states, although in Michigan the 1931 law has been suspended temporarily.

Similarly, 29 states have laws that would automatically ban same-sex marriage if that right was taken away by the Supreme Court as well.

The opinion is included below. Thomas’s remarks regarding Griswold, Lawrence and Obergefell are on page 119.

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