June 24, 2022

Supreme Court opens door to overturning rights to contraceptives, same-sex relationships and marriage

WATCH: By the numbers: A look at same-sex households, LGBTQ+ Americans and more

When activists learned the Supreme Court was considering overturning abortion rights, they feared other rights, such as same-sex marriage, same-sex relationships and contraceptives, might be next.

On Friday, Supreme Court Justice Clarence Thomas's concurring opinion on Dobbs v. Jackson Women's Health Organization that overturned Roe v. Wade validated those concerns by stating that other precedents from the high court should be reconsidered.

Thomas called for the reconsideration of Griswold v. Connecticut, which established the right of married couples to use contraception; Lawrence v. Texas, which protects the right to same-sex romantic relationships; and Obergefell v. Hodges, which establishes the right to same-sex marriage.

"In future cases, we should reconsider all of this Court's substantive due process precedents, including Griswold, Lawrence, and Obergefell. Because any substantive due process decision is 'demonstrably erroneous,' we have a duty to 'correct the error' established in those precedents," he wrote.

"After overruling these demonstrably erroneous decisions, the question would remain whether other constitutional provisions guarantee the myriad rights that our substantive due process cases have generated," Thomas wrote.

Drew Angerer/Getty Images, FILE
Associate Supreme Court Justice Clarence Thomas speaks at the Heritage Foundation on October 21, 2021 in Washington, DC.

Activist groups across the country are sounding the alarm about a potential fight for previously protected LGBTQ and reproductive rights.