Justice Thomas advocates overturning rights to contraception, same-sex-marriage

Justice Clarence Thomas, in his concurring opinion overturning Roe vs. Wade Friday, advocated for the court to reconsider cases granting contraception and same-sex-marriage rights. Pool photo by Erin Schaff/UPI

WASHINGTON, D.C., June 25, 2022 (UPI) — As the U.S. Supreme Court took away the constitutional right of millions of women to abortion Friday, Justice Clarence Thomas said that the court should reconsider rulings on contraception and same-sex marriage.

In his opinion in the overturning of Roe vs. Wade, Justice Thomas advocated that the court also reconsider cases that granted contraceptive rights, the right to engage in private, consensual sex acts and same-sex marriage.

Thomas cited the Griswold, Lawrence and Obergefell rulings as examples of precedent that he believes the Supreme Court should now re-visit.

Those cases relied on the Fourteenth Amendment right to due process.

“We should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell. Because any substantive due process decision is “demonstrably erroneous,” Thomas wrote in his concurring opinion overturning Roe vs. Wade.

The 7-2 Griswold vs. Connecticut 1965 Supreme Court decision said people have a right to privacy that protects against state restrictions on contraception.

The Lawrence vs. Texas case upheld the right to engage in private consensual sex acts. Obergefell vs Hodges gave Americans the right to same-sex marriage.

In a live video streamed address from the White House Friday, President Joe Biden reminded Americans other privacy rights underpinning the right to abortion could also be lost now that Roe vs. Wade is gone.

Biden said Justice Thomas already wants to take away other rights guaranteed by the constitutional right to privacy.

“He specifically called to reconsider the right of marriage equality, the right of couples to make their choices on contraception. This is the extreme and dangerous path that the court is now taking us on,” Biden said.


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