Why Experts Are Concerned About Same-Sex Marriage After the Roe v. Wade Leak

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'There are all sorts of ways to lessen constitutional protections for same-sex couples and LGBT[Q+] people . . . and Dobbs is likely to facilitate these efforts.'

on Obergefell v. Hodges — the 2015 case that made same-sex marriage legal in the United States. There, Alito stated that"it is beyond dispute that the right to same-sex marriage is not among those rights [rooted in US history and tradition]."

You could argue that the right to abortion is in fact"far more deeply rooted" than the right of same-sex marriage, Franklin says:"Justice Alito and a number of the Justices likely to sign on to his opinion in Dobbs have already explained, in their dissenting opinions in Obergefell, that if their constitutional understanding of liberty prevailed, the Fourteenth Amendment would not guarantee same-sex couples the right to marry.

"There are all sorts of ways to lessen constitutional protections for same-sex couples and LGBT[Q+] people . . . and Dobbs is likely to facilitate these efforts." In the draft opinion on Dobbs v. Jackson Women's Health, Justice Alito seems to anticipate this concern. He lists 14 cases that could arguably be challenged if Roe is overturned, but thenthat because these cases don't support the right to abortion,"our conclusion . . . does not undermine them in any way." This ruling, Alito says, pertains only to abortion because abortion involves"critical moral question.


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