After the right to abortion, a threat to same-sex marriage in the United States?

(New York) After abortion, same-sex marriage? If the United States Supreme Court shatters women’s abortion rights, lawyers and activists fear that same-sex marriage, legal across the country since 2015, will also be challenged by conservatives.

Updated yesterday at 5:41 PM.

Nicolas REVISION
Media agency France

Once the top court’s plan to abolish the right to abortion enshrined in the 1973 judgment, “Roe v. Wade,” President Joe Biden pointed out that “all decisions about (the) privacy” of Americans and “a whole host of other rights” can be questioned.

He talked about birth control and marriage for everyone.

In New York, a megalopolis leaning to the left, a historic bastion of movements supporting minorities, “we are clearly concerned,” AFP Trevon Mayers, of the association for the defense of LGBT people, confided The Center. reminds us that our safety is never guaranteed”.

Thousands of young women and men shouted their “anger” in Manhattan on Tuesday night, promising to “fight” for the right to abortion, while also taking into account the rights of gay, lesbian or transgender people.

” Who’s next ? ”

“Who’s next? Who’s next? Who’s next? Who’s next?” exclaimed New York State Attorney General Letitia James, elected Democrat and African-American magistrate. meme James, basic U.S. constitutional rights allow anyone to “marry whoever they want” and “have rights to members of the LGBT community.”

A very sensitive issue in the United States, same-sex marriage has been legally recognized at the national level since a Supreme Court decision in June 2015: it is therefore imposed on the 50 states, including in more than half of the states , especially from the south, who banned it in their constitution.

And if the Supreme Court, of which six of the nine judges are conservative, blows up abortion rights in June, New York lawyers interviewed by AFP fear the Supreme Court will do the same with other individual rights, such as gay marriage.

To substantiate their fears, these experts are relying on the Supreme Court’s draft decision, written by conservative judge Samuel Alito and whose disclosure Monday by the Politico newspaper had the effect of a bomb.

“Unjustified” abortion

The “Roe v. Wade” verdict, which bases the right to abortion on the constitutional right to respect for private life, was “completely unfounded” from the outset, Judge Alito writes, adding that this right to abortion “is not protected by any provision of the Constitution” of the United States.

True, according to experts at 14and amendment to the Constitution, ratified in 1868, does not refer to certain fundamental rights. But it prohibits the state from “depriving a person of his life, liberty or property without due legal process”.

The jurisprudence of US courts has relied on these provisions for years to guarantee individual rights and freedoms such as birth control, abortion and same-sex marriage.

But according to Judge Alito, these rights must be “deeply rooted in the history and tradition of this nation” to guarantee these rights. This is not the case with abortion, according to Mr Alito, who notes that at the time of 14and amendment, “Three-quarters of (U.S.) states considered abortion a crime at all stages of pregnancy.”

“Untangle”

This likely decision “concerns the constitutional right to abortion, not any other right,” the magistrate wrote in an effort to clear up any misunderstanding.

But such legal reasoning would allow the Supreme Court to “unravel constitutional rights that generations of Americans have taken for granted,” denounced Katherine Franke, a law professor at Columbia University.

“Not just abortion, but birth control, same-sex marriage and even the criminalization of sex outside of marriage or between people of the same sex,” she says.

His colleague from the New York School of Law, Arthur Leonard, also thinks “the temptation is there.” […] to try and raise these issues in the Supreme Court.”

“There are right-wing people in the United States — many for religious reasons, some for moral issues — who are against marriage and homosexuality,” the lawyer told AFP.

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