WASHINGTON (The Hill) — Supreme Court Justice Clarence Thomas on Friday called for overturning the constitutional rights the court had affirmed for access to contraceptives and LGBTQ rights in an opinion concurring with the majority decision to overturn Roe v. Wade. He argued that the constitution’s Due Process Clause does not secure a right to an abortion or any other substantive rights, and he urged the court to apply that reasoning to other landmark cases.
In his separate opinion, Thomas acknowledged that Friday’s decision does not directly affect any rights besides abortion. But Thomas wrote, “in future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell.”
The three cases Thomas mentioned are all landmark decisions establishing certain constitutional rights. In Griswold v. Connecticut, the court ruled in 1965 that married couples have a right to access contraceptives. In 2003, the court said in Lawrence v. Texas that states could not outlaw consensual gay sex. And the court’s 2015 decision in Obergefell v. Hodges established a constitutional right to same-sex marriage.
Since Justice Samuel Alito’s draft majority opinion was leaked earlier this year, Democrats and liberal activists have warned that the conservative majority would soon turn its attention to other rights that the court has affirmed.