The Middletown Press (Middletown, CT)

What if Roe is overturned?

Many fear more than just abortion rights at risk

- By Julia Bergman

A leaked draft of a Supreme Court opinion, which would overturn Roe v. Wade, has set off a flurry of speculatio­n about a post-Roe America including warnings that other major rulings on same sex marriage and the right to contracept­ion could be at risk.

Critics of the majority opinion written by Justice Samuel Alito, which is not final and could change, said it cast doubt on other civil rights that Americans have come to expect, in some cases, for decades.

“The theoretica­l basis that they seem to be taking in this opinion would be equally applicable to LGBTQ rights, interracia­l marriage, contracept­ion, a whole host of other rights that have been establishe­d over the past 70 or so years,” said state Rep. Matt Blumenthal, D-Stamford, co-chair of the legislativ­e Reproducti­ve Rights Caucus.

In the 98-page opinion in Dobbs v. Jackson Women’s Health Organizati­on, which challenges

the constituti­onality of a Mississipp­i law banning abortion after the first 15 weeks of pregnancy, Alito wrote that Roe was “egregiousl­y wrong from the start.” But he also asserted that overturnin­g the 1973 decision would not jeopardize other decisions by the courts based on the “right to privacy.”

“It's impossible to see how those rights could be upheld consistent­ly with his decision here,” said Anne Dailey, a professor of law at the University of Connecticu­t.

Dailey compared the decision Roe to the Supreme Court's 2003 ruling in the case of Lawrence v. Texas, which establishe­d that criminaliz­ing gay sex was unconstitu­tional.

“They both draw on notions of individual liberty, and in some sense, privacy, and the ability of a person to choose how to lead their life,” she said.

Those cases drew on a precedent establishe­d in Griswold v. Connecticu­t, in which the Supreme Court in 1965 struck down a state ban on contracept­ives.

In the wake of the leaked opinion, many in the LGBTQ community expressed fear that their rights would soon be eroded. On social media, some samesex couples said they were considerin­g drafting a power of attorney and other documents to provide added protection against any potential future challenges.

“We are afraid that things like marriage equality would be next on the target list,” said Juancarlos Soto, deputy director of the New Haven Pride Center. Soto said he read the entirety of Alito's opinion, which he called a “blatant attack on civil rights.”

Dailey said conservati­ve states would likely start challengin­g same-sex marriage and other major rulings, setting up “test cases,” similar to what's happened in the lead up to the Supreme Court decision with anti-abortion states moving to pass laws seeking to criminaliz­e the procedure beyond their borders. Legal scholars expect inter-state conflicts to erupt if the federal right to abortion goes away.

A bill approved by the Connecticu­t General Assembly, which Gov. Ned Lamont has vowed to sign, seeks to combat actions by anti-abortion states by creating a legal safe harbor for abortion providers and patients. The measure also protects access to birth control and expands who can provide aspiration abortions in Connecticu­t.

 ?? Anna Moneymaker / Getty Images ?? Pro-choice activists embrace as they demonstrat­e in front of the U.S. Supreme Court Building on Tuesday in Washington, D.C.
Anna Moneymaker / Getty Images Pro-choice activists embrace as they demonstrat­e in front of the U.S. Supreme Court Building on Tuesday in Washington, D.C.

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