Sowetan

Rights may be at risk after US Supreme Court abortion move

Gay marriage, emergency contracept­ion 'lowhanging fruit'

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Washington – US Supreme Court justice Samuel Alito’s draft opinion that would end the recognitio­n of a constituti­onal right to abortion could imperil other freedoms related to marriage, sexuality and family life including birth control and same-sex nuptials, according to legal experts.

The draft ruling, disclosed in a leak, would uphold a Mississipp­i law banning abortions after 15 weeks of pregnancy and overturn the 1973 Roe v. Wade ruling that legalised the procedure nationwide.

The draft’s legal reasoning, if adopted by the court when it issues its eventual ruling by the end of June, could threaten other rights Americans take for granted in their personal lives, said University of Texas law professor Elizabeth Sepper, an expert in healthcare law and religion.

“The low-hanging fruit is contracept­ion, probably starting with emergency contracept­ion, and same-sex marriage is also low-hanging fruit in that it was very recently recognised by the Supreme Court,” Sepper said.

The Roe decision, one of the court’s most important and contentiou­s rulings of the 20th century, recognised that the right to personal privacy under the US constituti­on protects a woman’s ability to terminate her pregnancy.

“Roe was egregiousl­y wrong from the start. Its reasoning was exceptiona­lly weak, and the decision has had damaging consequenc­es,” Alito wrote in the draft, adding that Roe and a 1992 decision that reaffirmed it have only “deepened division” in society.

Abortion is among a number of fundamenta­l rights the court over many decades recognised at least in part as “substantiv­e” due process liberties, including contracept­ion in 1965, interracia­l marriage in 1967 and same-sex marriage in 2015.

Though these rights are not explicitly mentioned in the constituti­on, they are linked to personal privacy, autonomy, dignity and equality.

“This was considered social progress – we were changing as a society and different things became important and became part of what one cherished,” said Carol Sanger, an expert in reproducti­ve rights at Columbia Law School.

Other legal scholars doubt there is a willingnes­s on the court or in legislatur­es to eliminate other rights.

“On interracia­l marriage, contracept­ion and same-sex marriage, for one reason or another there is no likelihood the court is going to revisit those decisions,” Northweste­rn University law professor John McGinnis said.

George Mason University constituti­onal law professor Ilya Somin said Alito’s ruling could make it unlikely the court would recognise due process protection­s in new areas such as transgende­r rights.

“But on the whole its effect on due process rights is likely to be minor.”

 ?? STRINGER / REUTERS ?? Abortion rights campaigner­s receive high-fives from a passenger driving by Evo A. DeConcini U.S. Federal Courthouse, after the leak of a draft majority opinion written by Supreme Court Justice Samuel Alito.
STRINGER / REUTERS Abortion rights campaigner­s receive high-fives from a passenger driving by Evo A. DeConcini U.S. Federal Courthouse, after the leak of a draft majority opinion written by Supreme Court Justice Samuel Alito.
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