Clarence Thomas: Gay marriage should be revised as Roe v. Wa falls

thomas on gay rights

AUSTIN — The U.S. Supreme Court’s historic cisn overturng Roe vs. Wa ma assuranc that gay rights are not on the choppg block right now. But one...

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SUPREME COURT JTICE CLARENCE THOMAS SAYS GAY RIGHTS, NTRACEPTN LGS SHOULD BE RENSIRED AFTER ROE IS OVERTURNED

Abortn no longer is a feral right wh Roe v. Wa overturned. Supreme Court Jtice Thomas now is eyeg s related to gay rights and birth ntrol. * thomas on gay rights *

Associate Jtice Clarence Thomas pos durg a group photo of the Jtic at the Supreme Court Washgton, April 23, Schaff | Pool | RtersSupreme Court Jtice Clarence Thomas on Friday said landmark high urt lgs that tablished gay rights and ntraceptn rights should be rensired now that the feral right to abortn has been wrote that those lgs "were monstrably erroneo cisns. Texas that stat uld not outlaw nsensual gay sex. “Obergefell enabl urts and ernments to brand relig adherents who believe that marriage is between one man and one woman as bigots, makg their relig liberty ncerns that much easier to dismiss, ” Jtice Thomas wrote, addg, “In other words, Obergefell was read to suggt that beg a public official wh tradnal Christian valu was legally tantamount to vid discrimatn toward homosexuals.

Same-sex marriage was unthkable, the sense that had barely been nceived of by even the most imagative gay activists, much ls straight people, the urts, or the legislatur. In the neti, some gay and lbian activists lnched a ncerted effort to get the untry to thk about same-sex marriage.

NBCJune 25, 2022 at 10:47 AMRachel Maddow pots out Clarence Thomas' sglg out of urt precents volvg ntraceptn and gay rights and utns same sex upl to prepare for the polil energy of the anti-abortn movement to take Thomas' directn to attack.

THOMAS ANNOUNC TARGETG OF GAY RIGHTS; TAC NEW DIRECTN TO ANTI-ABORTN MOVEMENT

Rachel Maddow pots out Clarence Thomas' sglg out of urt precents volvg ntraceptn and gay rights and utns same sex upl to prepare for the polil energy of the anti-abortn movement to take Thomas' directn to attack. * thomas on gay rights *

Jtice slams SCOTUS for "signal" on gay marriage Alabama se.

JTICE SLAMS SCOTUS FOR "SIGNAL" ON GAY MARRIAGE ALABAMA SE

Civil rights activist Jim Obergefell warned the Supreme Court was takg Ameri backward and uld now e after gay marriage after overturng Roe v. Wa. * thomas on gay rights *

WASHINGTON -- The Supreme Court is appropriately signalg tends to clear the way for gay marriage across the natn, Jtice Clarence Thomas plaed Monday a stgg dissent to the urt's refal to block the start of same-sex marriag Alabama. Bterly objectg to Monday's actn, Thomas provid a rare sir's perspective on the wily held view that the urt's embrace of gay marriage is a done filed a dissentg opn after his lleagu rejected Alabama's plea to put a hold on same-sex marriag the state until the Supreme Court rolv the issue natnwi a few months.

The opn was remarkable ls for the legal rult suggted than for s open cricism of fellow all, many legal mentators have predicted not only the se's oute this sprg ( favor of same-sex marriage), but the vote (5-4) and the thor of the majory opn (Jtice Anthony Kennedy) number of stat which gay and lbian upl n marry has nearly doubled sce October, om 19 to 37, largely as a rult of terse Supreme Court orrs that allowed lower urt lgs to bee fal and rejected state efforts to keep marriage bans place pendg appeals. The urt has been silent about the reasons for s actns the gay marriage s.

THOMAS: NO LK BETWEEN CIVIL RIGHTS AND GAY RIGHTS

Although he did not note October, he later said he had voted at that time to take up gay marriage when the urt rejected appeals om five stat seekg to prerve same-sex marriage and Slia also have been dissent om the three major pro-gay rights cisns at the Supreme Court sce 1996, all wrten by Kennedy. When the urt stck down part of the anti-gay marriage feral Defense of Marriage Act 2013, Roberts and Jtice Samuel Alo also dissented. Charl Dharapak/APIn his 2013 gural addrs, Print Barack Obama clared gays and Ain-Amerins ras arms, their parallel fight for equaly "the star that guis still; jt as guid our forebears through Sene Falls, and Selma, and Stonewall.

" Yterday, jt after the Supreme Court issued a landmark lg grantg gays and lbians the legal right to marry all 50 stat, Obama echoed that belief a Rose Garn statement.

JTICE THOMAS HTS GAY RIGHTS AND NTRACEPTN AT RISK AFTER NSERVATIVE MAJORY OVERTURNS ROE V. WA

Hodg same-sex marriage se, rejectg the notn that gays, like Ain-Amerins, had suffered om send-class cizenship.

Unlike slav, he argued, lackg the right to marry didn't prevent gays om travelg eely across state l, or subject them to overt the same time, the jtice argued, the 5-4 urt majory that ma same-sex marriage the law of the land Thursday was misguid s attempt to grant ernment the power to btow "digny" on gays and lbians, somethg they should have already had. " The lk between civil rights and gay rights is typilly a sensive subject, even among liberals.

Like Thomas, however, nservativ criqug the gay-rights lg weren't shy about parg the stggle for gay rights wh the civil rights movement, and not a good way. But Cala Taylor, marriage project director for Lambda Legal, a gay rights ligatn anizatn, says Thomas and his fellow crics n't seem to grasp the civil-rights fort for all the tre. Civil rights and gay rights are extribly lked philosophilly if not lerally, she says, potg to the anti-miscegenatn laws that were stck down Lovg v.

CLARENCE THOMAS HAS 'PUT A TARGET' ON GAY MARRIAGE, OBERGEFELL WARNS

" That sent gay rights advot like Huffgton Post sayist Zeba Blay to apoplexy. Civil rights activist Jim Obergefell recently said he believed Supreme Court Jtice Clarence Thomas is targetg ntraceptn and gay marriage followg the overturng of Roe v. Wa ma assuranc that gay rights are not on the choppg block right now.

But one jtice warned LGBT Amerins that they shouldn’t unt on that promise for the urt’s majory opn, Jtice Samuel Alo wrote that Friday’s cisn solely alt wh the nstutnal right to abortn and should not be read as a threat to prev lgs on issu like same-sex Jtice Clarence Thomas, a ncurrg opn, warned that old cisns on same-sex partner timacy, gay marriage and even ntraceptn uld — and should — be reversed if the urt is asked future bee they are based on the same nstutnal prcipl as Roe. Texas, the 2003 lg strikg down bans on gay sex Texas and 12 other stat, and Obergefell vs. ”What did the opns say about gay rights?

Alo’s opn, which four of the urt’s nservative jtic signed onto, cludg Thomas, said there is no nstutnal right to abortn bee the Constutn do not explicly give Amerins the right to termate a pregnancy, and the right to accs abortn is not eply rooted the natn’s history or the opn go out of s way to make assuranc that other rights prevly led on by the urt, such as same-sex marriage and gay partner timacy, were not at issue here. Related:'Homosexual nduct' was illegal 15 years ago. In a ncurrg opn of his own, he said the urt should have cid the narrow qutn of whether Mississippi’s 15-week abortn ban was unnstutnal and leave at did not addrs LGBT rights as the other jtic uld happen wh gay rights?

IN ABORTN OPN, THOMAS URG SUPREME COURT TO ‘RENSIR’ GAY RIGHTS LGS DPE ASSURANC OM THE URT, JTICE CLARENCE THOMAS LLED TO QUTN PREV CISNS ON LGBT RIGHTS AND NTRACEPTN. IN A NCURRG OPN WRTEN THE ABORTN SE OVERTURNG ROE V. WA, JTICE CLARENCE THOMAS SAID THE U.S. SUPREME COURT SHOULD "RENSIR" IMPORTANT LGBT RIGHTS CISNS NEXT, CLUDG LGS STRIKG DOWN BANS ON GAY SEX AND LEGALIZG SAME-SEX MARRIAGE.BY LREN MCGGHY3:19 PM ON JUN 24, 2022 CDTLISTENAUSTIN — THE U.S. SUPREME COURT’S HISTORIC CISN OVERTURNG ROE VS. WA MA ASSURANC THAT GAY RIGHTS ARE NOT ON THE CHOPPG BLOCK RIGHT NOW. BUT ONE JTICE WARNED LGBT AMERINS THAT THEY SHOULDN’T UNT ON THAT PROMISE FOR LONG.IN THE URT’S MAJORY OPN, JTICE SAMUEL ALO WROTE THAT FRIDAY’S CISN SOLELY ALT WH THE NSTUTNAL RIGHT TO ABORTN AND SHOULD NOT BE READ AS A THREAT TO PREV LGS ON ISSU LIKE SAME-SEX MARRIAGE.ADVERTISEMENTBUT JTICE CLARENCE THOMAS, A NCURRG OPN, WARNED THAT OLD CISNS ON SAME-SEX PARTNER TIMACY, GAY MARRIAGE AND EVEN NTRACEPTN ULD — AND SHOULD — BE REVERSED IF THE URT IS ASKED FUTURE BEE THEY ARE BASED ON THE SAME NSTUTNAL PRCIPL AS ROE.ADVERTISEMENT“IN FUTURE S, WE SHOULD RENSIR ALL OF THIS URT’S SUBSTANTIVE DUE PROCS PRECENTS,” THOMAS WROTE. HE THEN REFERRED SPECIFILLY TO LAWRENCE VS. TEXAS, THE 2003 LG STRIKG DOWN BANS ON GAY SEX TEXAS AND 12 OTHER STAT, AND OBERGEFELL VS. HODG, THE 2015 LG LEGALIZG SAME-SEX MARRIAGE NATNWI.BREAKG NEWSGET THE LATT BREAKG NEWS OM NORTH TEXAS AND BEYOND.EMAIL ADDRSBY SIGNG UP YOU AGREE TO OUR TERMS OF SERVICE AND PRIVACY POLICYSUBMITTHE MSAGE TO LGBT AMERINS IS THAT THEIR RIGHTS ARE SAFE — BUT ONLY FOR NOW, NSTUTNAL LAW EXPERT DALE CARPENTER SAID. IF THE URT, WHICH IS MORE NSERVATIVE THAN EVER, IS ASKED TO RENSIR THE LGS THE FUTURE, NOW HAS THE PLAYBOOK TO KNOCK THEM DOWN.“MY BOTTOM LE IS I’M NOT FEARFUL FOR MY OWN MARRIAGE OR MARRIAG OF SAME-SEX UPL THE IMMEDIATE FUTURE. BUT ASK ME AGA 50 YEARS,” SAID CARPENTER, THE CHAIR OF NSTUTNAL LAW AT SMU’S DEDMAN SCHOOL OF LAW.ADVERTISEMENTRELATED:IF ROE V. WA FALLS, ARE LGBT RIGHTS NEXT? ON THE LAST WEEKEND OF PRI MONTH, LGBT RIGHTS ACTIVISTS SAID THOMAS SHOWED THEM THEY ARE THE “SUPREME COURT’S NEXT TARGET.”“THOMAS’S NCURRENCE IS A BLARG RED ALERT FOR THE LGBTQ MUNY AND FOR ALL AMERINS,” SAID SARAH KATE ELLIS, PRINT AND CEO OF GLAAD, A PRO-LGBT MEDIA ADVOCY GROUP. “BETWEEN THIS THREAT AND TODAY’S REVERSAL OF ABORTN RIGHTS, WE N NO LONGER TST THAT THE SUPREME COURT IS OPERATG THE TERTS OF THE MAJORY OF AMERINS.”ADVERTISEMENTWHAT DID THE OPNS SAY ABOUT GAY RIGHTS?ALO’S OPN, WHICH FOUR OF THE URT’S NSERVATIVE JTIC SIGNED ONTO, CLUDG THOMAS, SAID THERE IS NO NSTUTNAL RIGHT TO ABORTN BEE THE CONSTUTN DO NOT EXPLICLY GIVE AMERINS THE RIGHT TO TERMATE A PREGNANCY, AND THE RIGHT TO ACCS ABORTN IS NOT EPLY ROOTED THE NATN’S HISTORY OR TRADN.ADVERTISEMENTBUT THE OPN GO OUT OF S WAY TO MAKE ASSURANC THAT OTHER RIGHTS PREVLY LED ON BY THE URT, SUCH AS SAME-SEX MARRIAGE AND GAY PARTNER TIMACY, WERE NOT AT ISSUE HERE. LGBT RIGHTS ARE MENTNED AT LEAST A HALF DOZEN TIM. ON FOUR SEPARATE OCSNS, ALO REPEATED THAT THIS LG WAS LIMED TO THE QUTN OF ABORTN.“WE HAVE STATED UNEQUIVOLLY THAT ‘[N]OTHG THIS OPN SHOULD BE UNRSTOOD TO ST DOUBT ON PRECENTS THAT DO NOT NCERN ABORTN,’ ” ALO WROTE. “IT IS HARD TO SEE HOW WE ULD BE CLEARER.”JTICE BRETT KAVANGH REERATED THE POT HIS OWN NCURRG OPN STRONGER TERMS: “OVERLG ROE DO NOT MEAN THE OVERLG OF THOSE PRECENTS [ON NTRACEPTN, TERRACIAL MARRIAGE AND SAME-SEX MARRIAGE], AND DO NOT THREATEN OR ST DOUBT ON THOSE PRECENTS.”ADVERTISEMENTTHE MAJORY, SEEKG AGA TO UNRSRE THE POT, ACCED THE THREE LIBERAL JTIC’ DISSENT OF STOKG AN “UNFOUND FEAR THAT OUR CISN WILL IMPERIL THOSE OTHER RIGHTS.”BUT THOMAS HIS NCURRG OPN OPENLY URGED THE URT TO TAKE UP S THAT LOOKED ANEW AT THE MARRIAGE AND SODOMY LGS, AS WELL AS NTRACEPTN, AND TO KNOCK THEM DOWN IF ASKED.ONLY “AFTER OVERLG THE MONSTRABLY ERRONEO CISNS,” HE SAID, ULD THE URT CI WHETHER THE RIGHTS N BE PROTECTED BASED ON SOME OTHER PROVISN THE CONSTUTN.RELATED:'HOMOSEXUAL NDUCT' WAS ILLEGAL 15 YEARS AGO. HOW FAR HAVE LGBTQ RIGHTS TEXAS E SCE?ADVERTISEMENTTHE URT’S THREE LIBERAL JTIC SEIZED ON THOMAS’ OPN. IN A DISSENT THAT PULLED NO PUNCH, JTICE STEPHEN BREYER ACCED THE MAJORY OF BEG SHORTSIGHTED AT BT AND CEFUL AT WORST. THEY KNOW THE OTHER RIGHTS ARE AT RISK BEE THEY ALSO AREN’T EXPLICLY MENTNED THE CONSTUTN OR ROOTED HISTORY, HE SAID.“NOT UNTIL ROE, THE MAJORY ARGU, DID PEOPLE THK ABORTN FELL WH THE CONSTUTN’S GUARANTEE OF LIBERTY. THE SAME ULD BE SAID, THOUGH, OF MOST OF THE RIGHTS THE MAJORY CLAIMS IS NOT TAMPERG WH,” BREYER WROTE. “EHER THE MASS OF THE MAJORY’S OPN IS HYPOCRISY, OR ADDNAL NSTUTNAL RIGHTS ARE UNR THREAT. IT IS ONE OR THE OTHER.”HE POTED TO THOMAS AS THE PROOF.“AT LEAST ONE JTICE IS PLANNG TO E THE TICKET OF TODAY’S CISN AGA AND AGA AND AGA,” BREYER WARNED.ADVERTISEMENT“WHATEVER TODAY’S MAJORY MIGHT SAY, ONE THG REALLY DO LEAD TO ANOTHER. WE FERVENTLY HOPE THAT DO NOT HAPPEN BEE OF TODAY’S CISN,” THE DISSENT NCLUD. “WE NNOT UNRSTAND HOW ANYONE N BE NFINT THAT TODAY’S OPN WILL BE THE LAST OF S KD.”CHIEF JTICE JOHN ROBERTS AGREED WH THE URT’S JUDGMENT BUT DID NOT JO THE MAJORY OPN. IN A NCURRG OPN OF HIS OWN, HE SAID THE URT SHOULD HAVE CID THE NARROW QUTN OF WHETHER MISSISSIPPI’S 15-WEEK ABORTN BAN WAS UNNSTUTNAL AND LEAVE AT THAT.HE DID NOT ADDRS LGBT RIGHTS AS THE OTHER JTIC DID.WHAT ULD HAPPEN WH GAY RIGHTS?

On numero ocsns, Alo said that protectg a “potential life” was a primary reason for what ma the urt nsir abortn differently om issu such as gay rights.

”Sce a life isn’t at stake the gay rights issue, Alo said the urt don’t have as much of an tert them as abortn.

Or ignore them and rely on the same arguments ed to overturn Roe to brg down gay rights? Arnold Schwarzenegger vetoed a subsequent legislative attempt to legalize gay marriage. Supreme Court legalized gay marriage natnally two years 2020, Nevada beme the first state to ensure the right to same-sex marriage s state nstutn.

CALIFORNIA STILL HAS AN ANTI-GAY MARRIAGE LAW ON THE BOOKS. VOTERS ULD REMOVE NEXT YEAR

Wa, cludg accs to ntraceptn and gay marriage,  an opn that sparked an outcry on the ' ncurrg opn – which no other member of the urt joed – tracks wh an argument abortn rights groups had ma for months leadg up to the urt's blockbter abortn cisn: a lg that the Constutn don't protect a right to an abortn would jeopardize other rights the urt tablished unr the 14th Amendment. "In future s, we should rensir all of this urt’s substantive due procs precents, cludg Griswold, Lawrence, and Obergefell, " Thomas wrote, referrg to landmark opns that blocked stat om banng ntraceptn, sex by same-sex upl and gay marriage.

Instead, he lled on his lleagu to do more, to revis the Supreme Court’s s acknowledgg rights to same-sex marriage, gay sex and 30 years on the urt, Thomas’ fluence has never been greater, and yet he remas a lightng rod for ntroversy.

CLARENCE THOMAS LLS FOR SUPREME COURT TO 'RENSIR' GAY MARRIAGE, NTRACEPTN AFTER ROE V. WA FALLS

*BEAR-MAGAZINE.COM* THOMAS ON GAY RIGHTS

Clarence Thomas: Gay marriage should be revised as Roe v. Wa falls.

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