Clarence Thomas: Supreme Court should 'reconsider' rulings on contraceptives and same-sex marriage


The Supreme Court has officially overturned Roe v. Wade, and Justice Clarence Thomas suggests several other hugely consequential rulings could be next.
Thomas joined the court's other conservative justices on Friday in eliminating the constitutional right to abortion in the United States. Justice Samuel Alito wrote the majority opinion, but Thomas also wrote his own concurring opinion, in which he argues the justices "should reconsider all of this court's substantive due process precedents, including Griswold, Lawrence, and Obergefell," adding that "we have a duty to 'correct the error' established in those precedents."
In 1965, Griswold v. Connecticut established a constitutional right for married couples to access contraceptives, while the 2003 ruling Lawrence v. Texas said states may not ban sodomy, and 2015's Obergefell v. Hodges established the constitutional right for same-sex couples to marry.
The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
The Supreme Court in overturning Roe v. Wade undid nearly 50 years of precedent, also overturning Planned Parenthood v. Casey, which in 1992 upheld the constitutional right to abortion. Thomas in his opinion argued the court was correct in holding "that there is no constitutional right to abortion" and that "the purported right to abortion is not a form of 'liberty' protected by the Due Process Clause."
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Brendan worked as a culture writer at The Week from 2018 to 2023, covering the entertainment industry, including film reviews, television recaps, awards season, the box office, major movie franchises and Hollywood gossip. He has written about film and television for outlets including Bloody Disgusting, Showbiz Cheat Sheet, Heavy and The Celebrity Cafe.
-
Israel intercepts 2nd Gaza aid flotilla in a week
Speed Read The Israeli military intercepted a flotilla of nine boats with 145 activists aboard along with medical and food aid
-
Gold tops $4K per ounce, signaling financial unease
Speed Read Investors are worried about President Donald Trump’s trade war
-
Bondi stonewalls on Epstein, Comey in Senate face-off
Speed Read Attorney General Pam Bondi denied charges of using the Justice Department in service of Trump’s personal vendettas
-
Israel intercepts 2nd Gaza aid flotilla in a week
Speed Read The Israeli military intercepted a flotilla of nine boats with 145 activists aboard along with medical and food aid
-
Japan poised to get first woman prime minister
Speed Read The ruling Liberal Democratic Party elected former Economic Security Minister Sanae Takaichi
-
Israel and Hamas meet on hostages, Trump’s plan
Speed Read Hamas accepted the general terms of Trump’s 20-point plan, including the release of all remaining hostages
-
US tipped to help Kyiv strike Russian energy sites
Speed Read Trump has approved providing Ukraine with intelligence for missile strikes on Russian energy infrastructure
-
Netanyahu agrees to Trump’s new Gaza peace plan
Speed Read At President Trump's meeting with Israeli Prime Minister Benjamin Netanyahu, they agreed upon a plan to end Israel’s war in Gaza
-
Russia is ‘helping China’ prepare for an invasion of Taiwan
In the Spotlight Russia is reportedly allowing China access to military training
-
Moldova gives decisive win to pro-EU party
Speed Read The country is now on track to join the European Union within five years
-
Interpol arrests hundreds in Africa-wide sextortion crackdown
IN THE SPOTLIGHT A series of stings disrupts major cybercrime operations as law enforcement estimates millions in losses from schemes designed to prey on lonely users