Come back. After the right to abortion, is marriage threatened for all?

After abortion, same-sex marriage? If the Supreme Court of the United States of America violates women’s right to abortion, lawyers and activists fear that same-sex marriage, legal throughout the country since 2015, will also be challenged by conservatives.

An ultra sensitive issue in the United States, same-sex couples’ marriage was legally recognized nationally by a Supreme Court decision in June 2015.


Once the Supreme Court’s plan to cancel the right to abortion enshrined in the 1973 ruling was revealed, “Roe v. Wade, “US President Joe Biden stressed that” all decisions on the matter [la] privacy ”of Americans and“ a whole host of other rights ”could be called into question. You talked about contraception and marriage for everyone.

In New York, a megalopolis leaning to the left, the historic bastion of movements in support of minorities, “we are obviously worried”, confides to AFP Trevon Mayers, of the association for the defense of LGBT people, The Center, underlining “It reminds us that the our safety is never guaranteed “.

On Tuesday evening in Manhattan, thousands of young people shouted their “anger” and promised to “fight” for the right to abortion while also having in mind the rights of gay, lesbian or trans people.

“Who’s next?”

“Who’s next? Who’s next? Who’s next? Whose turn is it?” Shouted New York State Attorney General Letitia James, Democrat Elect and Black Magistrate, from the podium. basic American constitutional rights allow everyone to “marry whoever they want” and “members of the LGBT community have rights.”

An ultra-sensitive issue in the United States, the marriage of same-sex couples is legally recognized at the national level by a decision of the Supreme Court of June 2015. It is therefore binding on the 50 federated states, of which more than half the states, especially in the south, which prohibited in their constitutions.

If the Supreme Court, of which six out of nine judges are conservative, made the right to abortion dynamic in June, New York lawyers interviewed by the AFP fear that the High Court will also do so with other individual rights, such as marriage. between people of the same sex.

“Unfounded” abortion.

To support their fears, these experts rely on the draft Supreme Court decision written by conservative judge Samuel Alito and whose revelation in the Politico newspaper on Monday had the effect of a bomb.

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

It is true that, according to experts, the 14th amendment to the constitution, ratified in 1868, makes no reference to specific fundamental rights. But it prohibits the state from “depriving a person of his life, liberty or property without due legal process.”

US court case law has for years relied on these provisions to guarantee individual rights and freedoms such as contraception, abortion and same-sex marriage.


But according to Judge Alito, to be guaranteed these rights would have to be “deeply rooted in the history and tradition of this nation”. This is not the case with abortion, according to Mr. Alito, noting that at the time of the 14th amendment, “three-quarters of states considered abortion a crime in all stages of pregnancy.”

This probable decision “concerns the constitutional right to abortion and no other right”, wrote the magistrate to try to dispel any misunderstanding. But with that legal reasoning, the Supreme Court could still “uncover the constitutional rights that generations of Americans take for granted,” denounces Columbia University law professor Katherine Franke.

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

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

“There are right-wing people in the United States – many for religious reasons, some for moral reasons – who are opposed to marriage and same-sex sexuality,” the lawyer told AFP.


Leave a Comment