Justice Thomas, in a concurring opinion to the Roe decision, says the court must revisit and overrule past landmark decisions that legalized the right to obtain contraception, the right to same-sex intimacy and the right to same-sex marriage.
overturning Roe v. Wade and wiping out constitutional protections for abortion rights, said that he would do away with the doctrine of “substantive due process” and explicitly called on the court to overrule the watershed civil rights rulings in Griswold v. Connecticut, Lawrence v. Texas and Obergefell v. Hodges.
Supreme Court Justice Clarence Thomas listens as then-President Donald Trump speaks before he administers the Constitutional Oath to Amy Coney Barrett at the White House in Washington, D.C. on Oct. 26, 2020.“As I have previously explained, ‘substantive due process’ is an oxymoron that ‘lack[s] any basis in the Constitution,’” he wrote. He later called it a “legal fiction” that is “particularly dangerous.
“In future cases, 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,’ we have a duty to ‘correct the error’ established in those precedents,” Thomas wrote. Thomas then went even further, writing that the court, after overruling those particular decisions, should eliminate “substantive due process” altogether.
In their own opinions, Justices Samuel Alito and Brett Kavanaugh both referred to Loving, writing that it should not be revisited despite its reliance on substantive due process. Thomas' opinion also attracted the ire of prominent civil rights groups, as well as Jim Obergefell, the plaintiff in the 2015 decision that Thomas wants the court to overturn.
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Thomas: Supreme Court should 'correct the error' on contraception and same-sex marriageSupreme Court Justice Clarence Thomas wrote a concurring opinion in Friday's ruling overturning Roe v. Wade, arguing the court should 'correct the error' of rulings that protect same-sex marriage and contraception access.
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'Tip of the Iceberg': Thomas Says Court Should Reconsider Marriage Equality, Right to Contraception'It is clear he and the court's majority have no respect for other precedents that have been won in recent decades,' said Rep. Pramila Jayapal.
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Supreme Court Justice Clarence Thomas Says Gay Rights, Contraception Rulings Should Be Reconsidered After Roe Is OverturnedAbortion no longer is a federal right with Roe v. Wade overturned. Supreme Court Justice Thomas now is eyeing cases related to gay rights and birth control.
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Thomas calls for High Court to reconsider gay marriage, contraception decisionsSupreme Court Justice Clarence Thomas said, “In future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell.” Details
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Denver Pride Organizers Ready For Celebrations Following New Opinion From Justice Clarence ThomasLGBTQ advocates are getting ready to celebrate Pride festivities in Denver, but a cloud of doubt has drifted over the celebrations.
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Ginni Thomas responds to 1/6 panel, hearings stretch to JulyRep. Bennie Thompson, D-Miss., said the committee’s Thursday hearing, which is set to highlight former Justice Department officials testifying about Trump’s proposals to reject the election results, would wrap up this month’s work. The committee would start up again in July.
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