According to Jim Obergefell, the litigant responsible for Supreme Court’s recent judgment on same-sex marital relationships, Justice Clarence Thomas left Loving v. Virginia off his list of Judicial Decisions to “reassess” since it “impacts him individually.”
“That affects him personally, but he doesn’t care about the LGBTQ+ community,” Obergefell said on “The Reid Out” on MSNBC. The Supreme Court voted 5-4 to overrule Roe v. Wade in a judgment released yesterday. According to the prevailing view, the 14th amendment, which prohibits states from denying inhabitants of “life, liberty, or property without due process of law,” doesn’t safeguard the right to abortion.
What gave Justice Thomas a sudden light?
On June 24, the United States Supreme Court authoritatively overruled the Roe v. Wade decision, declaring that “the Constitution does not confer a right to abortion,” allowing independent states to legislate abortion laws. Briefly, after that, Justice Thomas released an independent concurring decision, which read in the piece:
“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.”
The debate surrounding Loving v. Virginia–
Loving v. Virginia, which guarantees the freedom to participate in interracial marriage while also addressing the 14th Amendment’s equal protection clause, was never on Thomas’ list. Thomas is married to right-wing activist Ginni Thomas in an interracial marriage. Obergefell explained.
“I’m just concerned that hundreds of 1000s of marriages across this nation are at risk and the ability of people across this nation to marry the person they love is at risk,” Obergefell said. “And for Justice Thomas to completely omit Loving v. Virginia, in my mind, is quite telling.”
“And, in my opinion, Justice Thomas’ omission of Loving v. Virginia is quite telling,” he concluded. According to experts, the Supreme Court Judge’s Ruling in Roe v. Wade could have vast implications for various civil-rights verdicts. In a differing view, the three liberal justices alerted that if the conservative justices were “correct,” “all those judgments,” such as same-sex marriage, would be “wrong.”
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