That case gave rise to the "Glucksberg test," which holds that any right not specifically named in the Constitution must be "deeply rooted in this Nation's history and tradition." Glucksberg, a 1994 ruling that determined assisted suicide is not protected by the Due Process Clause of the 14th amendment. "Nothing in this opinion should be understood to cast doubt on precedents that do not concern abortion," Alito wrote.īut Alito argues that abortion isn't mentioned in the Constitution, nor traditionally accepted in the US, while invoking Washington v. In his 98-page draft opinion, conservative Associate Justice Samuel Alito explicitly argues that the Court's decision to revoke the right to an abortion wouldn't impact other similarly-derived rights.
A June 2021 Gallup poll found that 70% of Americans support same-sex marriage, and a handful of Republicans indicated that they believe the issue is settled.Īs Republican-controlled states pass laws targeting transgender people, the far-right levels accusations of "grooming" against LGBTQ Americans, and Florida forbids teaching children about sexual orientation and gender identity, Democrats are eyeing the conservative-dominated court with increasing consternation. "I'm gonna not wade into any of that," he said with a laugh when asked whether he would support outlawing same-sex marriage.īut their answers reveal a political party that remains unsure of its stance on the issue nearly 7 years after the ruling. He argued the case was "a narrow consideration just on an issue that's been contested for like 49 years." Mike Braun of Indiana, who recently faced criticism for telling reporters in Indiana that he believes interracial marriage should've been left up to the states instead of decided by the Supreme Court, told Insider that he had "no idea" whether Obergefell could be overturned. None gave a clear yes or no answer, and several outright declined to comment. Insider spoke with nearly a dozen Republican senators at the Capitol on Tuesday, asking each of them whether they believed the draft opinion threatens marriage equality and whether they would support overturning Obergefell v. Schumer and Senate Democrats speak about the leaked Supreme Court draft decision at the Capitol on May 3, 2022. "They may say, we wouldn't do that because of precedent," he added. "Will they have the Supreme Court overrun Obergefell so that they can prevent same-sex marriage?" Senate Majority Leader Chuck Schumer asked rhetorically during a hastily-arranged press event on abortion rights on the steps of the Capitol on Tuesday. Furthermore, critics argue that overturning a 49-year-old decision undermines the Court's tradition of respecting precedent, particularly on more controversial issues like marriage equality. Hodges, which legalized same-sex marriage, is similarly rooted in these rights and - like abortion - isn't enumerated in the Constitution or historically accepted in American society. The Supreme Court's 2015 decision in Obergefell v.
The high court's landmark 1973 abortion ruling is rooted in the rights to privacy and liberty. Wade, Democrats and constitutional scholars alike are warning that other rights, including to same-sex marriage and contraception, could be at risk. Following the leak of a draft majority Supreme Court opinion that would revoke the constitutional right to an abortion established by Roe v.