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Gay marriage, other rights at risk after U.S. Supreme Court abortion move
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Leroy N. Soetoro
May 7, 2022, 1:57:54 PM5/7/22
to
https://www.reuters.com/world/us/gay-marriage-other-rights-risk-after-us-
supreme-court-abortion-move-2022-05-04/
May 4 (Reuters) - U.S. Supreme Court Justice Samuel Alito's draft opinion
that would end the recognition of a constitutional right to abortion could
imperil other freedoms related to marriage, sexuality and family life
including birth control and same-sex nuptials, according to legal experts.
The draft ruling, disclosed in a leak that prompted Chief Justice John
Roberts on Tuesday to launch an investigation, would uphold a Mississippi
law banning abortions after 15 weeks of pregnancy and overturn the 1973
Roe v. Wade ruling that legalized the procedure nationwide.
The draft's legal reasoning, if adopted by the court when it issues its
eventual ruling by the end of June, could threaten other rights that
Americans take for granted in their personal lives, according to
University of Texas law professor Elizabeth Sepper, an expert in
healthcare law and religion.
"The low-hanging fruit is contraception, probably starting with emergency
contraception, and same-sex marriage is also low-hanging fruit in that it
was very recently recognized by the Supreme Court," Sepper said.
Factbox: Abortion in America if Supreme Court overturns Roe v. Wade
Explainer: Is it illegal to leak a U.S. Supreme Court opinion?
Supreme Court abortion move sparks calls for ending Senate's filibuster
The court's 6-3 conservative majority, including Alito, has become
increasingly assertive on a range of issues. The court confirmed the
authenticity of the leaked draft but called it preliminary.
The Roe decision, one of the court's most important and contentious
rulings of the 20th century, recognized that the right to personal privacy
under the U.S. Constitution protects a woman's ability to terminate her
pregnancy.
"Roe was egregiously wrong from the start. Its reasoning was exceptionally
weak, and the decision has had damaging consequences," Alito wrote in the
draft, adding that Roe and a 1992 decision that reaffirmed it have only
"deepened division" in society.
According to Alito, the right to abortion recognized in Roe must be
overturned because it is not valid under the Constitution's 14th Amendment
right to due process.
Abortion is among a number of fundamental rights that the court over many
decades recognized at least in part as what are called "substantive" due
process liberties, including contraception in 1965, interracial marriage
in 1967 and same-sex marriage in 2015.
Though these rights are not explicitly mentioned in the Constitution, they
are linked to personal privacy, autonomy, dignity and equality.
Conservative critics of the substantive due process principle have said it
improperly lets unelected justices make policy choices better left to
legislators.
Alito reasoned in the draft that substantive due process rights must be
"deeply rooted" in U.S. history and tradition and essential to the
nation's "scheme of ordered liberty." Abortion, he said, is not, and
rejected arguments that it is essential for privacy and bodily autonomy
reasons.
People protest after leak of U.S. Supreme Court draft majority opinion on
Roe v. Wade abortion rights decision, in Washington
The U.S. Supreme Court is seen after leak of U.S. Supreme Court draft
majority opinion on Roe v. Wade abortion-rights decision, in Washington
People protest after leak of U.S. Supreme Court draft majority opinion on
Roe v. Wade abortion rights decision, in Washington
1/2
A flag waves outside the U.S. Supreme Court after the leak of a draft
majority opinion written by Justice Samuel Alito preparing for a majority
of the court to overturn the landmark Roe v. Wade abortion-rights decision
later this year, in Washington, U.S., May 3, 2022. REUTERS/Evelyn
Hockstein
Like abortion, other personal rights including contraception and same-sex
marriage may be found by conservative justices to fall outside this
framework involving rights "deeply rooted" in American history, scholars
noted.
"This was considered social progress - we were changing as a society and
different things became important and became part of what one cherished,"
said Carol Sanger, an expert in reproductive rights at Columbia Law
School.
In the draft, Alito sought to distinguish abortion from other rights
because it, unlike the others, destroys what the Roe ruling called
"potential life."
"Nothing in this opinion should be understood to cast doubt on precedents
that do not concern abortion," Alito wrote.
Sepper said that Alito is "not particularly convincing because he doesn't
do the work to distinguish those cases in a meaningful way." She added:
"It's a really sweeping opinion. It doesn't pull any punches when it comes
to the abortion right."
Alito's opinion resembles his dissent in the court's same-sex marriage
ruling in which he said the 14th Amendment's due process promise protects
only rights deeply rooted in America's history and tradition.
"And it is beyond dispute that the right to same-sex marriage is not among
those rights," Alito wrote in his 2015 dissent.
Some conservative commentators have suggested that Alito has provided a
road map for future attempts to eliminate other guaranteed liberties.
Other legal scholars doubt that there is either a willingness on the court
or in legislatures to eliminate other rights.
"On interracial marriage, contraception and same-sex marriage, for one
reason or another there is no likelihood the court is going to revisit
those decisions," Northwestern University law professor John McGinnis
said.
The fact that Americans have relied on the same-sex marriage decision to
plan and invest in their lives and relationships makes it unlikely that
the justices will overturn it, McGinnis said.
McGinnis added, "No state legislature is going to get rid of
contraception. That's fanciful. And no state legislature is going to get
rid of interracial marriage."
George Mason University constitutional law professor Ilya Somin said
Alito's ruling could make it unlikely the court would recognize due
process protections in new areas such as transgender rights.
"But on the whole its effect on due process rights is likely to be minor,"
Somin said.
--
"LOCKDOWN", left-wing COVID fearmongering. 95% of COVID infections
recover with no after effects.
No collusion - Special Counsel Robert Swan Mueller III, March 2019.
Officially made Nancy Pelosi a two-time impeachment loser.
Donald J. Trump, cheated out of a second term by fraudulent "mail-in"
ballots. Report voter fraud: sf.n...@mail.house.gov
Thank you for cleaning up the disaster of the 2008-2017 Obama / Biden
fiasco, President Trump.
Under Barack Obama's leadership, the United States of America became the
The World According To Garp. Obama sold out heterosexuals for Hollywood
queer liberal democrat donors.
President Trump boosted the economy, reduced illegal invasions, appointed
dozens of judges and three SCOTUS justices.
supreme-court-abortion-move-2022-05-04/
May 4 (Reuters) - U.S. Supreme Court Justice Samuel Alito's draft opinion
that would end the recognition of a constitutional right to abortion could
imperil other freedoms related to marriage, sexuality and family life
including birth control and same-sex nuptials, according to legal experts.
The draft ruling, disclosed in a leak that prompted Chief Justice John
Roberts on Tuesday to launch an investigation, would uphold a Mississippi
law banning abortions after 15 weeks of pregnancy and overturn the 1973
Roe v. Wade ruling that legalized the procedure nationwide.
The draft's legal reasoning, if adopted by the court when it issues its
eventual ruling by the end of June, could threaten other rights that
Americans take for granted in their personal lives, according to
University of Texas law professor Elizabeth Sepper, an expert in
healthcare law and religion.
"The low-hanging fruit is contraception, probably starting with emergency
contraception, and same-sex marriage is also low-hanging fruit in that it
was very recently recognized by the Supreme Court," Sepper said.
Factbox: Abortion in America if Supreme Court overturns Roe v. Wade
Explainer: Is it illegal to leak a U.S. Supreme Court opinion?
Supreme Court abortion move sparks calls for ending Senate's filibuster
The court's 6-3 conservative majority, including Alito, has become
increasingly assertive on a range of issues. The court confirmed the
authenticity of the leaked draft but called it preliminary.
The Roe decision, one of the court's most important and contentious
rulings of the 20th century, recognized that the right to personal privacy
under the U.S. Constitution protects a woman's ability to terminate her
pregnancy.
"Roe was egregiously wrong from the start. Its reasoning was exceptionally
weak, and the decision has had damaging consequences," Alito wrote in the
draft, adding that Roe and a 1992 decision that reaffirmed it have only
"deepened division" in society.
According to Alito, the right to abortion recognized in Roe must be
overturned because it is not valid under the Constitution's 14th Amendment
right to due process.
Abortion is among a number of fundamental rights that the court over many
decades recognized at least in part as what are called "substantive" due
process liberties, including contraception in 1965, interracial marriage
in 1967 and same-sex marriage in 2015.
Though these rights are not explicitly mentioned in the Constitution, they
are linked to personal privacy, autonomy, dignity and equality.
Conservative critics of the substantive due process principle have said it
improperly lets unelected justices make policy choices better left to
legislators.
Alito reasoned in the draft that substantive due process rights must be
"deeply rooted" in U.S. history and tradition and essential to the
nation's "scheme of ordered liberty." Abortion, he said, is not, and
rejected arguments that it is essential for privacy and bodily autonomy
reasons.
People protest after leak of U.S. Supreme Court draft majority opinion on
Roe v. Wade abortion rights decision, in Washington
The U.S. Supreme Court is seen after leak of U.S. Supreme Court draft
majority opinion on Roe v. Wade abortion-rights decision, in Washington
People protest after leak of U.S. Supreme Court draft majority opinion on
Roe v. Wade abortion rights decision, in Washington
1/2
A flag waves outside the U.S. Supreme Court after the leak of a draft
majority opinion written by Justice Samuel Alito preparing for a majority
of the court to overturn the landmark Roe v. Wade abortion-rights decision
later this year, in Washington, U.S., May 3, 2022. REUTERS/Evelyn
Hockstein
Like abortion, other personal rights including contraception and same-sex
marriage may be found by conservative justices to fall outside this
framework involving rights "deeply rooted" in American history, scholars
noted.
"This was considered social progress - we were changing as a society and
different things became important and became part of what one cherished,"
said Carol Sanger, an expert in reproductive rights at Columbia Law
School.
In the draft, Alito sought to distinguish abortion from other rights
because it, unlike the others, destroys what the Roe ruling called
"potential life."
"Nothing in this opinion should be understood to cast doubt on precedents
that do not concern abortion," Alito wrote.
Sepper said that Alito is "not particularly convincing because he doesn't
do the work to distinguish those cases in a meaningful way." She added:
"It's a really sweeping opinion. It doesn't pull any punches when it comes
to the abortion right."
Alito's opinion resembles his dissent in the court's same-sex marriage
ruling in which he said the 14th Amendment's due process promise protects
only rights deeply rooted in America's history and tradition.
"And it is beyond dispute that the right to same-sex marriage is not among
those rights," Alito wrote in his 2015 dissent.
Some conservative commentators have suggested that Alito has provided a
road map for future attempts to eliminate other guaranteed liberties.
Other legal scholars doubt that there is either a willingness on the court
or in legislatures to eliminate other rights.
"On interracial marriage, contraception and same-sex marriage, for one
reason or another there is no likelihood the court is going to revisit
those decisions," Northwestern University law professor John McGinnis
said.
The fact that Americans have relied on the same-sex marriage decision to
plan and invest in their lives and relationships makes it unlikely that
the justices will overturn it, McGinnis said.
McGinnis added, "No state legislature is going to get rid of
contraception. That's fanciful. And no state legislature is going to get
rid of interracial marriage."
George Mason University constitutional law professor Ilya Somin said
Alito's ruling could make it unlikely the court would recognize due
process protections in new areas such as transgender rights.
"But on the whole its effect on due process rights is likely to be minor,"
Somin said.
--
"LOCKDOWN", left-wing COVID fearmongering. 95% of COVID infections
recover with no after effects.
No collusion - Special Counsel Robert Swan Mueller III, March 2019.
Officially made Nancy Pelosi a two-time impeachment loser.
Donald J. Trump, cheated out of a second term by fraudulent "mail-in"
ballots. Report voter fraud: sf.n...@mail.house.gov
Thank you for cleaning up the disaster of the 2008-2017 Obama / Biden
fiasco, President Trump.
Under Barack Obama's leadership, the United States of America became the
The World According To Garp. Obama sold out heterosexuals for Hollywood
queer liberal democrat donors.
President Trump boosted the economy, reduced illegal invasions, appointed
dozens of judges and three SCOTUS justices.
BeamMeUpScotty
May 7, 2022, 2:30:46 PM5/7/22
to
believe there are gays and something called gay marriage?
If a transgender and a man can have babies and so women are no a
specific group getting abortions... how can they have women's RIGHTS and
how could the Supreme court say it's a RIGHT in the Constitution based
on women being a unique gender that has the ability to reproduce?
Democrats have destroyed the identity of women as different so all the
"WOMEN's RIGHTS" issues are null and void. Which makes the Supreme Court
Opinion that women have women's RIGHTS claims null and void. Women are
equal and their gender is NOT reason to say they have been discriminated
against based on being women.
There is no difference between men and women so there can't be any
discrimination based on women being something different for men or
others to discriminate against and no one ever claimed it was a
religion.... and it's NOT a race. This means women are just persons and
have never been discriminated against based on their being women. It was
all a Democrat lie... or are they lying to us now by telling us that
there are no women and we're all the same?
*WHICH DEMOCRAT LIE DO WE BELIEVE* ?
--
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-That's Karma-
*IF YOU'RE READING THIS YOU ARE A SURVIVOR*
*The first rule of SURVIVAL CLUB* is we talk about it, we hate
censorship. Never trust what Democrats or Marxists tell you. Make them
prove it with actual verifiable facts and science. And if you didn't
find the duplicitous lies in what the Marxist-Democrats told you then
you didn't dig deep enough. The *Gruber* *Doctrine* is the
Marxist-Democrat plan that says it's "to the Democrats advantage to have
a lack of transparency and then lie about everything".
https://rumble.com/vkt8ld-call-it-the-stupidity-of-the-american-voter-or-whatever.-how-libs-exploit-t.html
*The next rule of SURVIVAL CLUB* is
119 - CATCH-22: The illegals have to come here by following the laws
that created America, otherwise they're destroying the America that they
came here for, aren't they? And that makes them an invasion NOT immigrants.
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