Leaked SCOTUS Ruling Invites Red States To Ban Same Sex Marriage

SCOTUS overturning the precedent of Roe v Wade opens up a whole list of possible rights that are about to go away. The next point of attack conservatives will likely bring to the Supreme Court is gay marriage.

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Sam: There are two parts to this ruling right? There are implications for abortion rights. And then a whole host of other rights. What is implicated in that second sort of tranche?

Guest: Yeah so Alito casts skepticism you know upon all unenumerated rights. And specifically substantive due process rights and those are the rights that we have derived from the due process clause of the 14th amendment. Like so long history I won't you know we only have you know we don't have that much time. So I won't give you the history. But this goes back to like the 1900s when the supreme court was interpreting the due process clause to protect rights. privacy rights. Rights to control the education of your children. Right rights to custody of your children. Rights to access contraception in the 1960s. Rights of unmarried people to access contraception. So what Alito is saying is that all those decisions dating back to the 1900s are illegitimate, right? So that means that those rights are vulnerable now, they're threatened. And there's nothing that would stop the Supreme Court from holding that this you know Meyer versus Nebraska, this old case said that you have a right to send your child to a school of your choice to get your child educated in the way that you want your child to be educated. That is you know protected constitutional right there's nothing that stops the supreme court from saying well that's substantive due process. That's trash. But looking forward specifically to the 2000s right we started seeing the court use that same due process clause to protect the rights of LGBTQ people. So Lawrence versus Texas held that it was unconstitutional for Texas to criminalize quote-unquote same-sex sodomy and that that opinion relied on substantive due process. and so when it says these are these unenumerated rights they're made up. They're trash. They don't exist. Lawrence v texas stands in the crosshairs. It means that it would open the door for texas and any other you know state to criminalize same-sex conduct. Same-sex sexual activity. And then of course Obergefell versus Hodges built on Lawrence versus Texas. Obergefel versus Hodges is the supreme court case that held that the constitution is properly protected to protect the ability of a person to marry another person of the same sex. So same-sex marriage equality that stands in the crosshairs as well. So abortion you know roe v wade is just the beginning. The Supreme Court I think it's important for people to understand that the supreme court is the judicial arm of the GOP. The supreme court is not an independent body. It's not political at all. and so what the GOP wants is this conservative ideology, this conservative view of the country the supreme court now stands prepared to sort of manifest. and LGBTQ rights are likely the next to go. But I think it's important to recognize that all sorts of reproductive liberties around accessing contraception and having children without being coercively sterilized are equally vulnerable from a constitutional standpoint.