The Fourteenth Amendment to the US Constitution, Section 1, reads in part, "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." That phrase has been debated by legal experts for nearly the entire history of US Politics. One interpretation of that statement is the concept of Substantive Due Process. That concept references the 9th amendment's suggestion that the innate rights of citizens expand beyond those written into the Constitution to allow courts to protect rights not directly outlined. This has been used to decide on rights like "Freedom of Contract" and the "Right to Privacy" that are not specifically outlined. It is opposition to the concept of Substantive Due Process that was used in the overturning of Roe v. Wade. Other cases that were ruled on provide protections for minimum wages, access to contraception, inter-racial marriage, and same-sex marriage. Justice Clarence Thomas has already signaled a desire by the Supreme Court to revisit the cases that grant these rights, putting marriages and even the legality of non-procreative sex at risk.
If Abortion Rights Are Gay Rights, Lesbians Wonder If Gay Men Get It?
- Karen Costello-Wilder
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