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“But Alito actually makes it extremely clear that he is not including Lawrence or Obergefell in his category of safe precedents!” Stern said. “Instead, he appears to include them as an example of illegitimate rights like abortion, which he is overruling in this very opinion!”
“As written, the draft is quite blithe and unflinching in its disdain for the constitutional basis of gay rights,” he added.
Despite Alito’s claim in the draft that previous decisions pertaining to Americans’ right to privacy will not be overturned, journalist Emma Vigeland said, lower courts are likely to “chip away at birth control legality, appealing it all the way up to this extremist SCOTUS.”
At The Daily Beast, Jay Michaelson wrote that with abortion rights found by the court to be not “deeply rooted” in U.S. history and therefore not protected under the Constitution, marriage equality could be overturned “within a year or two.”
“Unless another justice leaves the court, the constitutional right to marriage for all is going to be overturned,” Michaelson wrote. “The only question is whether Republicans will have a veto-proof majority (or the presidency in 2024) to ban both abortion and gay marriage anywhere in the nation.”
As Common Dreams reported Monday, with evidence emerging that the court is preparing to overturn Roe—likely making abortion illegal in more than two dozen states—Republican senators are currently developing a strategy to pass a nationwide ban on abortion care after six weeks of pregnancy, and anti-choice groups have lobbied potential 2024 Republican presidential candidates to run on passing the legislation.
Julia Conley is a staff writer for Common Dreams.