The ‘Roe’ draft ruling could affect other civil rights
2 years, 7 months ago

The ‘Roe’ draft ruling could affect other civil rights

The Hindu  

The leaked Roe vs Wade draft opinion has been in the news for its possible impact on abortion rights, but it also paves the way for the erosion of gay rights in America. If constitutionally protected women’s rights that were recognised almost 50 years ago, and then re-affirmed almost 20 years later, could be revoked by a conservative supermajority in the U.S. Supreme Court, then similarly situated rights for gay and lesbian people — such as the right to marry someone of the same sex — are also susceptible to revocation. Throughout the rest of the draft, Justice Alito writes extensively about how abortion rights were never a part of the “Nation’s history and tradition” and non-essential to ordered liberty — hence, ineligible for protection under the Due Process Clause of the Fourteenth Amendment as laid out in Washington vs Glucksberg. Moreover, the reasoning employed by the Obergefell court that legalised same-sex marriage nationwide in 2015 was similar to the reasoning applied by the Roe and Casey courts years earlier — namely, that the then-existing same-sex marriage bans across the country were a violation of gay and lesbian people’s liberty rights, as found in the Fourteenth Amendment. In 1992, the Casey court affirmed what was already decided two decades ago in Roe — namely, that women in America had the “liberty” to an abortion under the Fourteenth Amendment.

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