Supreme Court overturns Roe v. Wade; Thomas says SCOTUS ‘should reconsider’ same-sex marriage rulings

U.S. Supreme Court on June 24, 2022. (Washington Blade photo by Josh Alburtus)

The U.S. Supreme Court in a 5-4 ruling overturned Roe v. Wade June 24. Chief Justice John Roberts voted with the five conservative justices to uphold the Mississippi abortion restrictions but did not agree with them that Roe v. Wade should be thrown out entirely.

Justice Clarence Thomas in the decision said the Supreme Court should also reconsider the decisions in the Obergefell and Lawrence cases that extended marriage equality to same-sex couples and the right to private, consensual sex.

LGBTQ rights groups were quick to condemn the ruling.

“Today the Supreme Court issued a devastating ruling in Jackson Women’s Health Organization v. Dobbs — a huge setback to our long-standing fundamental right to bodily autonomy,” said National LGBTQ Task Force Executive Director Kierra Johnson. “This decision by the conservative majority on the bench also marks the beginning of the vital work to re-establish our constitutional foundation for reproductive justice and freedom. We must redouble our work to protect access to abortion and reproductive justice at the state and national levels. We will never give up.”

“When the Supreme Court is willing to throw 50 years of precedent out the window, it proves that we are at an exceedingly dangerous, unprecedented moment. The court’s majority opinion does not reflect the will of our nation — two thirds of whom support Roe v. Wade —but instead fulfills an extreme, out of step, ideological agenda. And it shows that all of our rights are on the line right now, as state lawmakers will be further emboldened to test the limits of our hard-won civil rights,” added interim Human Rights Campaign President Joni Madison. “Women are under attack, LGBTQ+ people are under attack, BIPOC people are under attack, and we are justifiably outraged. We cannot relent — we must fight back.”

Jim Obergefell, a candidate for the Ohio House and the lead plaintiff in the landmark Supreme Court case that affirmed marriage equality as the law of the land, issued the following statement today following news that the Supreme Court overturned Roe v. Wade.

“It’s a sad day for women’s rights. This U.S. Supreme Court continues to erode the rights of citizens at an alarming rate. We are facing a health and human rights crisis in this country and as a result countless lives will be at risk. Women deserve responsive leaders who support reproductive justice. Leaders who respect their basic right to have control over their own body. The reality is that women today will have less rights than their own mothers. We are going backwards and it’s both enraging and terrifying to see the excessive government overreach that this court is imposing on our country.”

In his remarks on the Supreme Court ruling, President Joe Biden speaking live from the Great Cross Hall in the White House said at one point, “It just stuns me,” adding that poor women would be hit the hardest by the decision. “This is a sad day for the country in my view but it does not mean the fight is over.”

He called on Congress to restore abortion protections into law and pointed to the November midterm elections, saying, “this fall, Roe is on the ballot.”

He urged protests to be conducted peacefully and said violence is never acceptable.

“This decision must not be the final word,” Biden said.

Biden’s remarks ended at 12:49 p.m. EST after speaking for nearly 12 minutes. He did not respond to shouted questions from reporters about the ruling and the future of the Supreme Court.

U. S. Attorney General Merrick Garland released a statement condemning the high court’s ruling.

“The Supreme Court has eliminated an established right that has been an essential component of women’s liberty for half a century — a right that has safeguarded women’s ability to participate fully and equally in society. And in renouncing this fundamental right, which it had repeatedly recognized and reaffirmed, the court has upended the doctrine of stare decisis, a key pillar of the rule of law.

“The Justice Department strongly disagrees with the court’s decision. This decision deals a devastating blow to reproductive freedom in the United States. It will have an immediate and irreversible impact on the lives of people across the country. And it will be greatly disproportionate in its effect — with the greatest burdens felt by people of color and those of limited financial means. “

The attorney general went on to warn that acts of violence in the wake of today’s ruling will not be tolerated.

“Advocates with different views on this issue have the right to, and will, voice their opinions. Peacefully expressing a view is protected by the First Amendment. But we must be clear that violence and threats of violence are not. The Justice Department will not tolerate such acts.”

Shannon Minter, the legal director for the National Center for Lesbian Rights told the Washington Blade in an email that “Justice Thomas’s concurrence is an open assault on the landmark precedents that have transformed the place of LGBTQ people in our society. Historically, the Supreme Court has relied on substantive due process to protect essential liberties such as the freedom to decide whether to conceive a child, to marry or be in an intimate relationship with the person of one’s choice, to raise children as one sees fit, and to travel or move anywhere in the country.”

“These are among our most basic and cherished freedoms, and Justice Thomas is urging the court to scrap them all. While the majority opinion does not go that far, it is full of landmines that appear to lay a foundation for future decisions that may cast these fundamental rights into question or eliminate them altogether. Today’s decision is even more alarming than the leaked opinion and strongly suggests that this is only the beginning of a radical campaign to undo decades of precedent. The question is no longer if this court is willing to jettison other fundamental freedoms, but how quickly they are likely to do so, and which ones are likely to be on the chopping block first,” Minter added.

You can read the Supreme Court’s opinion here.

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