| Posted: 18 November 2022 at 11:29pm | IP Logged | 7
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Interracial marriage is also in the bill because it's one of the rights that became endangered when the Supreme Court overturned Roe v. Wade. Per Clarance Thomas's statement, the original Roe decision was based on a Constitutional right to privacy (broader than that, but for the purpose of this thread) that the current Court decided doesn't really exist. But as a prior ruling - "stare decisis" - many other Supreme Court rulings that protected things like same-sex marriage, the right to buy contraception over-the-counter, and interracial marriage rely on that definition of the right to privacy.
Note that Thomas SPECIFICALLY called out birth control (Griswold v. Connecticut) same-sex sexual relations (Lawrence v. Texas), and same-sex marriage (Obergefell), saying "we have a duty to 'correct the error' established in those precedents."
Now, because Thomas is a total self-dealing creep, he left out Loving v. Virginia (ie, ending miscegenation laws), but as Thomas's wider argument was that any prior decision that wasn't 100% based on his own Originalist reading of the Constitution was invalid and worth revisiting, Loving v. Virginia would, in fact, also be vulnerable. Quite valid to put it into the bill, from my perspective, as no-one ever lost betting on the political might of America's racial divisions.
Edited by Dave Kopperman on 18 November 2022 at 11:29pm
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