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That doesn’t mean other justices wouldn’t toss out protections, despite any protestations they might make. Thomas sidestepped the Loving case, which, if overturned as Roe was, could threaten his own interracial marriage. “Because any substantive due process decision is ‘demonstrably erroneous,’ we have a duty to ‘correct the error’ established in those precedents.” “We should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell,” Thomas wrote. Supreme Court Justice Clarence Thomas suggested Friday in a solo concurring opinion that the court should reexamine other rights protected under the due process clause of the 14th Amendment.
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Texas, which prohibited states from banning sexual relations between people of the same sex. Connecticut, which established the right for married couples to use contraception and Lawrence v. Virginia, which protected interracial marriage Griswold v. Hodges, which guaranteed the right to marriage equality Loving v. The Supreme Court’s decision Friday compared the Roe ruling to cases such as Obergefell v. Such a decision would mean that an interracial couple legally married in one state could be arrested while visiting another. Following backlash, he retracted his statement, claiming he had misunderstood the question. Mike Braun (R-Ind.) said in March that such a right should be left up to the states (as abortion is now). The possibility of the loss of the right to marry someone of another race was ominously raised when Sen.
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