If Roe falls, some fear it will affect civil rights cases



If the Supreme Court decides to overturn or overturn the decision to legalize abortion, some fear it could undermine other precedents, including civil rights and LGBTQ protections.

Scholars and advocates of the legislation say the ousting of Roe v. Wade will be more influential than most cases as it was reaffirmed by the second decision, Planned Parenthood v. Casey. The Supreme Court’s conservative majority signaled in arguments last week that it would allow states to ban abortions much earlier in pregnancy and could even overturn a national right that already exists. for almost 50 years. A decision is expected next summer.

“If a case like Roe, which has this double precedent, is overturned just because of a change in the composition of the court, there’s really no way we can count on any money. Which of these will happen,” said Samuel Spital, director of litigation at the NAACP’s Legal Defense Fund.

Meanwhile, anti-abortion advocates and legal scholars argue that Roe’s decision is unique, both in its reasoning and in legal effect, and so overturning it would not affect to other landmark cases.

“In Roe, I think you really have a particularly bad decision,” said Erin Hawley, senior appeals counsel with Alliance Defending Freedom, a conservative law group. She doesn’t expect the Supreme Court’s decision against Roe to affect landmark cases legalizing same-sex marriage and LGBTQ intimacy.

Other experts disagree. Alison Gash, a professor at the University of Oregon, said Obergefell sued Hodges, making same-sex marriage legal, and Lawrence sued Texas, which overturned a law criminalizing same-sex intimate relationships, still based on the same legal precedent.

“Literally, the logic that allows a woman to argue that she has the right to choose to have an abortion is the same as the logic used to argue that gay couples have the right to choose and marry a partner. that they choose. .

Judge Brett Kavanaugh addressed those two landmark cases against the LGBTQ community during Supreme Court arguments last week, joining Brown against the Board of Education, ending segregation. schools based on race and Gideon V. Wainwright, said the outraged defendants must have representation.

All of those, Kavanaugh said, are cases where the supreme court overturned precedent. If they didn’t have “the country would be a very different place.”

Those cases are completely different, says Melissa Murray, a law professor at New York University. By overturning those precedents, the court extended citizenship to more Americans. In contrast, Overturning Roe will take power from women.

“We have never had a significant precedent of overturning for the purpose of withdrawing rights. It always works the other way around, to extend permissions. Not to withdraw them,” she said.

Meanwhile, the reference to Brown suing the Board of Education is “offensive and disturbing,” Spital said. While judges often make assumptions, comparing Roe to the 1896 court ruling “facilitates the legal dehumanization of Negroes,” he said.

For anti-abortion advocates, however, Roe’s decision authorizes “the purposeful termination of a person’s life,” as Mississippi Attorney General Scott Stewart put it during the arguments. “Nowhere else has this court recognized the right to end a person’s life,” he said.

He argued that a decision in Mississippi’s favor would not raise questions about any other such civil rights case.

Teresa Collett, a university, said: “The Obergefell case that grants LGBTQ people the right to legally marry will also be safe because thousands of same-sex couples have relied on it to get married and such dependence makes courts projects are less likely to make a big difference, says Teresa Collett, a University. of the Law School of St. Thomas and director of its People’s Life Center. “In short, I don’t think the over-management of Roe and Casey will affect Lawrence and Obergefell as a binding legal precedent,” she wrote in an email.

At least some conservative lawyers take a different view. The lawyer who conceived of Texas’ new strict abortion ban also argued that same-sex marriage and intimacy are “a court-invented right” in a brief filing in support of the Mississippi law. Jonathan Mitchell argued for the Supreme Court to not only overturn Roe and Casey, but to “write an opinion that leaves those decisions hanging.”

“Lawrence and Obergefell, though less dangerous to human life, are just as lawless as Roe,” he wrote.

That line of thinking deeply worries some LGBTQ advocates.

Recent landmark precedents “relevant to reproductive justice cases, such as Casey and Roe vs. Wade,” said Camilla Taylor, chief litigation officer at Lambda Legal.

Obergefell’s decision, she said, comes after decades of LGBTQ people across the country coming out, ensuring that millions of people know they have gay lovers. In contrast, abortion is often still considered a private affair between the patient and the doctor.

“Today, people walking around might believe they don’t know anyone has had an abortion,” Taylor said, adding that she herself had an abortion at age 40. The pregnancy would be risky. medically at risk, and more importantly to her, she doesn’t have the resources to care for her third child. “Launching plays a huge role in ensuring citizenship for LGBTQ people…it’s the only way we can acknowledge that people who have abortions are human, equal to people, have a life of their own. Lives and dreams deserve respect.”

Sarah Warbelow, legal director of the Campaign for Human Rights, said she doesn’t necessarily see a direct impact on LGBTQ cases from Roe’s decision. But after a “historically bad state legislative session” on LGBTQ rights, it could “encourage state legislators seeking grounds to test the limits of LGBTQ equal rights.” recognized by the court.” If Roe falls, some fear it will affect civil rights cases

Aila Slisco

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