Eh, I certainly think there’s a pretty strong equal protection case to be made for Obergefell and probably Lawrence too.
Maybe not Griswold.
Obamacare still requires Rx BC to be a covered health benefit on insurance, though. It would be weird if a state made IUDs illegal (as an example), but they were required to be covered by insurance. The legal arguments there would be interesting. But ugly.
The friction caused by re-adjudicating these cases will be ugly, no doubt. But I’m not blankety accepting that BC and gay sex will be allowed to stand as illegal after the inevitable court challenges when states try to make them illegal.
We aren’t all that far removed from 2 cases I remember in my state when a religious zealot won the job as Georgia’s Attorney General.
First one is a famous case: Bowers v. Hardwick - Wikipedia
The US Supreme court upheld a GA law that sodomy between consenting adults was illegal. The law didn’t specify straight or gay, but this particular case was between 2 guys. It’s one of the worst SCOTUS rulings in recent decades, that was overturned shortly later. Thomas would almost certainly uphold this law now. Could he get 4 to join him? Maybe, particularly with this majority opinion that any rights not explicitly named in the Constitution are fair game.
But surely this was just about gay sex only, right? Nope. Bowers went after straight folks too. Bowers successfully tried James Moseley for having consensual oral sex with his then common law wife. He served 19 months in prison before the ruling was overturned by the GA Supreme court (who limited their opinion to be for consenting straight married couples only).
These aren’t that ancient. Both happened in the 1980’s.
Earlier this year Senator Braun said that since interracial marriage isn’t explicitly mentioned in the constitution it should fall to the states to decide.
You’d think they were concerned about getting reelected or something.
I now expect someone to clarify that Supreme Court Justices’ appointments are for life and are not elected. cuz, we’re all dumb.
Anywho, GOP is running out of things to troll Dem’s on. Might actually have to pass laws and shit that their constituents actually care about.
This country has gotten so ridiculous I’m embarrassed I’m going to get citizenship someday. Or maybe I won’t; just steal the kids and flee back to Canada.