Enshrine rights in our state Constitution

The Supreme Court’s recent overturning of half a century of Constitutional precedent in Roe v. Wade is a catalyst for our country. In more than half of our United States, access to abortion will be limited, if not outright banned. Here in Connecticut, it may seem easy to say “this won’t happen here,” especially with the expansions of abortion protections passed by Democrats in the newly concluded 2022 legislative session.

Our state should be proud that pregnant people in need will be able to access the health care they not only deserve but require, under legislation that expands the accessibility of necessary abortion treatments and acts to counter “bounty hunter” systems set up in other states.

But as much as we can point to that Democratic legislation protecting reproductive health and be proud of Connecticut in light of these national shifts, we must take further and stronger action.

It’s not dramatic or sheer fantasy to say that further civil rights in America are now at potential risk as a direct result of the Republican Supreme Court’s June 24 ruling. Even Michael Steele, the former head of the Republican National Committee, said recently that he believes the Republican Party, should it reclaim power in the House, Senate and White House, will suspend the Senatorial filibuster in an effort to seek a national ban on abortion.

While other Republican leaders doubt such a scenario (including Republican Sen, Mitch McConnell), remember that McConnell claimed President Barack Obama couldn’t appoint a Supreme Court justice in the last 10 months of his presidency — and then helped rush Donald Trump’s choice of Amy Coney Barrett onto the Supreme Court just weeks before the November 2020 presidential election, which Trump lost.

The Supreme Court’s own recent decisions, and the statements of one of its own members, raise even further and more troubling concerns about the status of basic human rights in America in 2022.

In his written concurrence overturning Roe v. Wade, Republican-appointed Justice Clarence Thomas expressed support for using the same legal mechanism used by the court to overturn Roe to now overturn previous Supreme Court decisions affirming basic American civil rights, including Griswold v. Connecticut (allowing access and use of contraceptives), Lawrence v. Texas (bars states from outlawing consensual same-sex relations), and Obergefell v Hodges (made marriage equality a constitutional right).

Other members of the court, including Republican-appointed Justice Samuel Alito, have claimed that the Supreme Court is not seeking to overturn those rulings. However, since multiple Republican-appointed justices on the Supreme Court stated during confirmation hearings that they considered Roe to be settled, only for them to overturn its precedent, there’s ample reason to distrust the word of Republican-appointed justices — or at the very least plan ahead for the future. As Democrat-appointed Supreme Court justices Stephen Breyer, Sonia Sotomayor and Elena Kagan wrote in their dissent on Roe, “no one should be confident that this majority is done with its work.”

As there are national concerns regarding this process, there are also prospects of state-level concerns. Connecticut’s strong protections are due to residents voting for leaders supporting these ideals. However, this can change quickly. In Virginia, as one example, Gov. Glenn Youngkin’s campaign last year did not focus on the topic of abortion in a state where a majority of residents support legal abortion. On the same day of the Supreme Court’s announcement, Youngkin asked four anti-abortion lawmakers in the state to write a proposal to ban abortion after 15 weeks, adding restrictions to access compared to currently standing law. Would a similar shift in balance take place in our state, similar changes may occur; gubernatorial candidate Bob Stefanowski has made comments reflecting on amending law involving parties required to be notified of procedures.

Amid a backdrop with frequent and concerning shifts in balance and reasoning, Connecticut needs to take action regarding the liberties and access that our state provides to individuals. Connecticut is known for supporting and protecting reproductive health and access. Our state is known for its love and support of the LGBTQ community. Our legislature should take action next session to enshrine these rights, whether by ensuring these specific ones or cementing a right to privacy in our state constitution.

This is something easier said than done, as it would require the legislature to pass a proposed amendment at least once, if not twice, with statewide voters making the final determination at the ballot box. But it’s an effort I believe we should take up. Such a process would allow Connecticut voters to have the final say on these matters. It would also provide even stronger protections for those in need than even our current state laws allow.

Some may argue this path is jumping to conclusions, but many of us also recall being told that Roe v. Wade would never be overturned. Elections have consequences, and I believe allowing Connecticut voters to have the final say in constitutionally enshrining these rights is exactly the kind of consequence necessary to preserve the rights and freedoms we enjoy here in Connecticut, the Constitution State.