Shortly after the decision of the Supreme Court of USA to ban abortions across the countrya judge who participated in the decision, openly challenged the right to contraception and in gay marriage.
“In future matters of privacy, ‘we should also reconsider all the case law,'” Clarence Thomas wrote in his personal comments accompanying the decision.
It is noteworthy that Thomas specifically refers to three decisions: the “Griswald v. Connecticut»Του 1965concerning the right to contraception, the “L.Orens vs. Texas»Του 2003 which makes unconstitutional the laws that criminalize same-sex sex and the 2015 “Obergefel vs. Hodges”, which guarantees marriage for all. This latest decision is the main target of the religious right in the US.
According to Clarence Thomas, these case law is based on the same article of the Constitution as the one that until now protected the right to abortion. The court “has a duty to correct the mistake” introduced by their adoption, he added.
It should also be analyzed whether other articles of the Constitution “protect the myriad rights” that were “produced” in this way, according to the judge.
At present, this is the opinion of only one of the nine judges and there is no indication that he will be able to impose it on the others.
Source: News Beast