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She noted that Alito has been vocal in his opinion that Obergefell should be overturned. Mary Bonauto, who argued on behalf of same-sex couples in Obergefell and serves as the civil rights project director at GLBTQ Legal Advocates & Defenders, or GLAD, said advocates know that anti-LGBTQ groups are “trying to put us back on our heels,” and roll back LGBTQ rights. Legal experts don’t think the undoing of marriage equality is imminent, though. “And I think that one of the worst parts for us is why? Why, because of who I love, do I have to have these worries, and other people don’t?” “We know we’re not in a friendly state for us, so the concern is, do we get married now and just hope that maybe all marriages that were before a certain ruling date happens are just still honored in the future?” Roth said. But now they’re wondering if they’ll have to get legally married sooner. Josh Roth, who lives in Orlando, Florida, and fundraises for political advocacy group LGBTQ Victory Fund, said he and his fiance planned to get married in February.
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The threat of the leaked opinion eroding marriage equality has some queer couples scrambling to figure out how it will affect their weddings and family plans. Though he’s hesitant to say that LGBTQ rights are on the chopping block as a result of overturning major abortion rights precedents, he said the foundation is “weakened.” Josh Roth and Andy Fontaine. “The court is like a half-step away from eating away at these other rights,” he said. He said the right to privacy is like an umbrella that covers a variety of other rights in addition to abortion, such as the right to access contraception, the right to engage in same-sex sexual intimacy and the right to marry. If the right to privacy is eroded, and Roe is one piece in the jurisprudential puzzle that’s taken out, that’s one less significant and weighty precedent that weighs in favor of trans rights and the right to health care, the right to gender expression.” “And so the right to privacy should cover both of them. “They’re both issues of bodily autonomy, they’re both medical decisions and they are deeply personal decisions,” he said. Advocates say that LGBTQ people are already disproportionately affected by restrictions on abortion due to higher rates of medical discrimination and poverty.Īnthony Michael Kreis, assistant professor of law at Georgia State University, said that there’s a affinity between abortion and gender-affirming care. The opinion could change over the next two months before it is officially released, but LGBTQ people and advocates fear the consequences it could have. Thirteen states have so-called trigger bans, which would ban the procedure as soon as the precedent is struck down. If Roe is overturned, 23 states would institute bans, according to an NBC News analysis of Center for Reproductive Rights data. The opinion, which is not yet final, would give states the ability to regulate or ban abortion. Chief Justice John Roberts confirmed the authenticity of the draft in a statement Tuesday. Wade, the landmark decision protecting abortion access, and another similar decision, Planned Parenthood v. On Monday evening, Politico reported that a draft majority opinion authored by Justice Samuel Alito showed that the court had voted to overturn Roe v. “So if I, God forbid, was to get pregnant, and I wanted to have an abortion, you’re basically trying to strip my right … and that’s not fair.”