Fueling already heightened anxieties from women and LGBTQ groups that the end of Roe could be the tip of the iceberg, Justice Clarence Thomas wrote that “in future cases, we should reconsider all of this Court’s substantive due process precedents.”
“The Supreme Court’s decision has brought us into a new era where they are taking away rights instead of giving them,” said Rocio Fierro-Pérez, political coordinator for the Texas Freedom Network, which advocates for individual liberties. “Abortion access is one of several fundamental rights that’s under attack including our right to vote, racial justice, LGBTQ rights, and they’re all intertwined with our right to liberty in which Roe v. Wade was grounded.
Justice Samuel Alito, who wrote Friday’s majority opinion that struck down the landmark abortion case Roe v. Wade, tried to assuage fears that the court’s ruling could be used to do away with rights the court has previously said are protected by the constitution. The right to an abortion, they said, arose from the right to access contraception, which was established in Griswold v. Connecticut in 1965. The decisions in the abortion cases opened the door for the court to protect the right to same sex sexual intimacy and same sex marriage in Lawrence v. Texas in 2003 and Obergefell v. Hodges in 2015.
“There’s definite cause for concern that this idea will be extended to apply to other areas and I think gay marriage and contraception are the two most likely victims because those are the ones that don’t have a long history of having been acknowledged as a fundamental right,” she added.
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