CINCINNATI — In a concurring opinion in the Supreme Court's decision to overturn Roe v. Wade, Justice Clarence Thomas said the court should look at several other decisions, including ones that legalized same-sex marriage and same-sex consensual relations.
"In future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell," Thomas said.
Thomas was on the bench in 2015 for Obergefell v. Hodges, the landmark civil rights case that legalized same-sex marriage. Jim Obergefell — a University of Cincinnati grad who was the main party in the historic lawsuit — said he's concerned Friday's decision is only the beginning.
"I'm afraid that much of the progress we have made as a nation when it comes to civil rights is at risk because of this decision," Obergefell said. "So the groundwork is there to attack a woman's right to contraception, the groundwork is there to attack our right to get married, our right to form families, our right to engage in intimacy with the person we love. ... This decision lays the groundwork for our nation to do nothing but go backward."
Obergefell and his husband John Arthur married in Maryland in July 2013. When Arthur died of ALS, Obergefell wanted to be listed on his death certificate as his spouse, which Ohio law did not allow. In a 5-4 decision, the Supreme Court granted same-sex couples to the right to get married. Thomas dissented.
"It angers me because how on Earth did John and my marriage, how on Earth does any marriage between two people of the same sex, harm another person or another couple?" Obergefell said. "And, you know, Justice Thomas, in that concurrent says that it was an error in judgment for Griswald, Obergefell and Thomas ... Well, honestly, I have to say, if Justice Thomas wants to see an error in judgment, he should look in the mirror. He is not a divine deity. His twisted version of morality should not be what determines the rights of couples in this nation to marry or to start their family or for women to control the right to her body."
The majority opinion said the ruling does not impact any other Supreme Court decisions, but Obergefell said that did not give him much comfort. He said the fight is not over.
"Use your voice at the ballot box," Obergefell said. "Vote for candidates who most closely align with your values."
Obergefell is running to represent Erie and Ottawa counties the Ohio State House.
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