After Roe v. Wade was overruled, Supreme Court Justice Clarence Thomas said that the court “should review” the statutes defending homosexual marriage and contraception.
Thomas urged his fellow judges to reverse other decisions that followed similar legal precedent, such as rights to access contraception, same-sex partnerships, and same-sex marriage, in the wake of Friday’s monumental decision that removed Americans’ constitutional rights to abortion.
The 74-year-old justice, a George H.W. Bush appointee, said that the court should employ the same reasoning in other significant cases since the Due Process Clause of the Constitution was determined not to provide a right to an abortion in Friday’s decision.
He cited three in particular – including 1965’s Griswold v. Connecticut, which allowed for married couples to buy and use contraception, and 2015’s Obergefell v. Hodges, which allowed same-sex couples to legally marry.
“In future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell,” he wrote.
