Justice Clarence Thomas calls for Supreme Court to reconsider same-sex marriage, contraception decisions

Posted at 10:03 AM, Jun 24, 2022

Supreme Court Justice Clarence Thomas would like to see the court revisit decisions that legalized same-sex marriage, contraception and sex acts between consenting adults.

In a concurring opinion in the court's decision to overturn Roe v. Wade, Thomas said, “In future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell.”

The Griswold ruling gave married couples the right to access contraceptives. It's been on the books since 1965.

In 2003, the court ruled in favor of Lawrence, saying states could not outlaw sex acts by consenting adults.

Thomas was on the bench when the Obergefell case came before the court in 2015. In a 5-4 decision, the court granted same-sex couples the right to get married. Thomas was among the justices who dissented.

Many Democrats fear the decision to overturn Roe is a precursor to overturning other rulings. However, Justice Samuel Alito, who wrote the opinion to overturn Roe, said the decision does not impact other due process rulings.

"The dissent suggests that our decision calls into question Griswold, Eisenstadt, Lawrence, and Obergefell," Alito wrote. "But we have stated unequivocally that nothing in this opinion should be understood to cast doubt on precedents that do not concern abortion.”