Loving, Life and Clarence

From ‘Wonder if Loving v Virginia is next.’ Legal experts on both sides unpack Roe decision. (msn.com)

“Wonder if Loving v Virginia is next on the list of cases for Justice [Clarence] Thomas to overrule,” Katyal tweeted, citing Thomas’s concurring opinion Friday in the abortion case.

“Justice Thomas concurs, saying overruling Roe isn’t enough. ‘For that reason, in future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell.’ That’s right to privacy, contraception, marriage equality, etc,” Katyal tweeted.

From Loving v. Virginia – Wikipedia :

“In Obergefell v. Hodges (2015), the Supreme Court invoked Loving, among other cases, as precedent for its holding that states are required to allow same-sex marriages under both the Equal Protection Clause and the Due Process Clause of the Constitution. The court’s decision in Obergefell cited Loving nearly a dozen times, and was based on the same principles – equality and an  unenumerated right to marriage. During oral argument, the eventual author of the majority opinion, Justice Anthony Kennedy, noted that the ruling holding racial segregation unconstitutional and the ruling holding bans on interracial marriage unconstitutional (Brown v. Board of Education in 1954 and Loving v. Virginia in 1967, respectively) were made about 13 years apart, much like the ruling holding bans on same-sex sexual activity unconstitutional and the eventual ruling holding bans on same-sex marriage unconstitutional (Lawrence v. Texas in 2003 and Obergefell v. Hodges in 2015, respectively).”