He said the situation should be a “wake-up call” for LGBTQ people to work to elect politicians who will pass laws to protect their rights at the federal level, rather than relying on judicial rulings. Nevertheless, Minter said, the draft opinion sets a troubling precedent of the court tossing aside a long-standing and fundamental right. Shannon Minter, legal director at the National Center for Lesbian Rights, said Alito appears to try to avoid confronting same-sex marriage and sexual privacy cases too directly in his draft opinion, potentially to avoid alienating some of the court’s other, less staunchly conservative justices. LGBTQ legal experts said Alito’s draft seems purposefully coy about how the ruling could alter cultural norms surrounding privacy rights more broadly. “The American public of 2022 is not going back to 1792.” “In some ways, this type of analysis is part of an effort to turn the clock back to a time when only white male land owners had legal rights,” Pizer said. She said Alito’s interpretation that privacy rights not explicitly spelled out in the Constitution don’t exist is an extreme view out of step with modern society. Jennifer Pizer, law and policy director for Lambda Legal, the LGBTQ legal advocacy group, said the sharp and “caustic” language of the draft opinion has laid bare how deeply intertwined reproductive and LGBTQ rights are as a matter of law. Read more about how The Chronicle covers politics and what we do to ensure fairness in our reporting It seems likely other justices will want narrower language that doesn’t call all privacy rights into question, she said. Meyler also said the draft doesn’t read like a final opinion, with a tone more like Alito’s dissents. Stanford law Professor Bernadette Meyler said that despite Alito’s assurances that the birth control cases were different and not at risk, “It seems he’s calling into question the right to privacy.” She noted that the draft said privacy was “unmoored” in the Constitution. Some commentators said that may telegraph his intention to reconsider those cases and roll back privacy rights in other areas. Yet Alito didn’t extend that same differentiation to rulings protecting LGBTQ rights, including Obergefell v. “But none of these decisions involved what is distinctive about abortion: its effect on what Roe termed ‘potential life,’” Alito wrote of several related privacy cases. He wrote that those other cases are “inapposite” because they don’t involve the critical moral question of the “life of an ‘unborn human being.’” Wade and other privacy-related cases, including those dealing with birth control.
Photo Ken Cedeno (Photo by Ken Cedeno/Corbis via Getty Images) Ken Cedeno / Corbis via Getty ImagesĪlito’s draft opinion does, however, cast distinctions between Roe v. Hodges case Michael DeLeon, left, and Gregory Bourke, right, from Louisville, KY., speak outside the US Supreme Court, Apin Washington DC.
“They’ll stop at nothing to make us second-class citizens & push us back into the shadows.” “They’re coming for us next,” Wiener wrote.
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Wiener, who is gay, stepped up his warnings in a series of tweets, likening the situation to “The Handmaid’s Tale,” a dystopian book and TV drama about a fanatical religious government that kills queer people and enslaves women to bear children. “I’ll be honest, we are living in very, very scary times,” he said of the Roe v. Scott Wiener, D-San Francisco, warned of the implications for LGBTQ rights during a news conference Tuesday about a separate bill he is carrying to make California a refuge for families with transgender children who live in states where Republican-led legislatures have banned gender-affirming health care. “None of these rights has any claim to being deeply rooted in history.”
“These attempts to justify abortion through appeals to a broader right to autonomy and to define one’s ‘concept of existence’ prove too much,” Alito wrote. Texas, the 2003 ruling that granted the right to engage in private consensual sex acts, preventing states from criminalizing anal sex. Hodges, the 2015 ruling that guaranteed same-sex couples the right to marry and Lawrence v. That worry was exacerbated by a section of Justice Samuel Alito’s draft opinion in which he references, and seems to balk at, some gay rights rulings: Obergefell v. Wade’s fall would create a public health crisis in California
Wade ruling sends panic through LGBTQ communityĬalifornia prepares Constitutional amendment to protect abortion access Wade could make it harder to get abortions in certain parts of Californiaĭraft Roe v. Wade is overturnedĬalifornia wants to be an abortion haven once Roe v. California could be home to almost 30% of America's abortion clinics if Roe v.