KGUN 9NewsLocal News

Actions

Could overturning Roe V. Wade impact same sex marriage rights?

UA Law Professor weighs in on SCOTUS decision
gay marriage
Posted at 6:39 AM, Jul 01, 2022

TUCSON, Ariz. (KGUN) — With the overturning of Roe v. Wade and the abortion ban here in Arizona taking effect, many are asking what other rights are at risk.

Many people now left questioning if same sex marriage could be taken away.

U.S. Supreme Court Justice Clarence Thomas has made it known that he would like the court to re-consider several cases including the right to same sex marriage.

So where do we stand when it comes to same sex marriage rights and could Thomas get it taken away?

"Justice Thomas has been I think, very strongly committed to reversing those precedents, he's mentioned this in a number of different contexts," Barbara Atwood said. "So it's it's not surprising."

Barbara Atwood, a law professor at the University of Arizona says in reviewing Justice Thomas' concurring opinion, it seems he's the only one on the court with it.

"His voice is alone. Justice Kavanaugh also concurred in the opinion in Dobbs and he said no, we mean it, we're not going to reexamine these other rights," Atwood said. "This case is really only about abortion."

Along with Kavanaugh several other justices also gave their own concurring opinions.

"In Justice Alito's majority opinion he takes care to say this holding with respect to abortion is only about abortion and does not affect other so called substantive due process rights," Atwood said. "And he makes the argument that abortion itself is unique, it's the only fundamental right, what was a fundamental right that involves a potential life.

We asked Atwood if she could see the supreme court re-thinking same sex marriage.

"I don't anticipate that the Supreme Court would overrule the Obergefell case," Atwood said. "Or the case called Lawrence vs. Texas, which struck down a criminal prohibition on same sex activity."

——-
Denelle Veselik is an anchor and investigative reporter for KGUN 9. It's been her dream to tell your stories for the past decade. She is extremely curious and wants to continue to use her storytelling for the greater good. Share your story ideas and important issues with Denelle by emailing denelle.veselik@kgun9.com or by connecting on Facebook, Instagram and X/Twitter.