Oklahoma, which ended forced sterilization 1968’s Loving v. Starting a little over a century ago, those rulings started to enshrine the idea that every American is entitled to some amount of bodily autonomy.
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The framers never said “gay marriage” or “interracial marriage,” but following the Civil War, the Fourteenth Amendment introduced the terms “due process” and “equal protection,” which basically mean (in super-simplified terms) that all people are entitled to the full protection of the law (no picking and choosing which laws to apply), and that laws should apply to everyone equally (no picking and choosing which people they apply to). There’s a whole family of Supreme Court rulings that affirm rights not specifically called out in the Constitution. The solution to this alarming new heading may lie, in part, in a ship full of gay pirates.
How concerned should we be? Very, I think - but that doesn’t mean there’s nothing we can do. I remember sitting at the back of the court, watching Clarence Thomas swiveling silently in a high-backed chair as our attorneys presented their argument, which built on past victories concerning a constitutional right to privacy.Ĭonstitutional law is a slow ship to turn, but it seems as though the country’s changing course with unusual swiftness, and with the impending ruling on abortion we may soon find numerous other rights that we thought were safe tossed overboard. Marriage equality is very much on my mind right now, not just because it’s a relatively recent victory but because it’s one I personally worked on as part of the team that brought the Prop 8 challenge to the Supreme Court over a period of several years about a decade ago. What’s next? Re-criminalizing contraception, re-criminalizing gay sex, re-criminalizing the existence of trans people? Well, no none of those things are “next” - they’re already under attack.
Okay, so the right wing is coming for abortion, but we know that’s not all they’re coming for. It’s a little hard to read, but those words chiseled over the door say “Equal Justice Under Law.