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"The results of this case, if this opinion is actually the final opinion, will unravel constitutional rights that generations of Americans have taken for granted," said professor Katherine Franke of Columbia University's Center for Gender and Sexuality Law. NEW YORK: After abortion, could gay marriage be next? With America's Supreme Court poised to roll back half a century of abortion rights, activists fear conservatives will set their sights on other constitutional freedoms, starting with same sex unions.Īlso under threat could be gay sex or access to contraception, while future rulings could impact new areas such as transgender rights, legal experts say. "There's a strong majority now in public opinion polls that say just keep their hands off what consenting adults do in private.Abortion rights demonstrators outside the US Supreme Court on May 3, 2022. "Public opinion has changed so sharply on that issue," Leonard notes. Leonard thinks the Supreme Court, which shifted firmly conservative after the appointment of three members by ex-president Donald Trump, would stop short of ruling on gay sex, though. A handful still have laws prohibiting sex between same-sex partners. They could be triggered again if the Supreme Court's legalization of same-sex union is repealed.
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Leonard said that if Alito applies his opinion elsewhere it is "going to endanger a lot of potential new areas" such as transgender rights.Īround half of US states have laws prohibiting gay marriage. "I don't believe him," said Leonard, adding there would be a "temptation" among the conservative justices to use their 6-3 majority to undo rights that have long vexed the religious right in America. 'Emboldened' conservativesĪlito, 72, stressed that he was talking about "the constitutional right to abortion and no other right," but that doesn't reassure legal experts like Leonard. "If anything like Alito's opinion turns out to be the final opinion of the court, it does open the door for people who want to attack same-sex marriage or gay sex in new cases," Arthur Leonard, an expert on equality law at New York Law School, told AFP. The 14th amendment does not mention specific rights but has been widely referenced by courts over the years in granting certain fundamental rights, such as contraception in the 1960s and in 2015 when the-then liberal leaning Supreme Court legalized same-sex marriage. Smith AFP/Fileįears that other rights could next be in the crosshairs of the court's conservative majority stem from Justice Samuel Alito's draft majority opinion, in which he argued that the right to abortion was not protected by the constitution.Īlito wrote that in order for rights to be judicially protected, they must be "deeply rooted in this Nation's history and tradition," which he argued abortion was not. Protesters demonstrate in reaction to the leak of the US Supreme Court draft abortion ruling on in New York Bryan R.