Roe v Wade: What Being Overturned Means For The LGBTQ+ Community

With the landmark abortion case overturned, some in the queer community fear gender-affirming care and gay marriage are now in jeopardy.

LGBTQ+ News Politics Triston Brewer

This article was published on July 4th, 2022

Roe Is No More

The Supreme Court’s 5-4 opinion Friday overturning the landmark Roe v. Wade abortion ruling has sent shockwaves across several communities in America, particularly with LGBTQ+ members that now worry about their future and the possibility of hard-earned rights being stripped away as women’s reproductive rights have just been taken. 

What the Dobbs ruling has done in only a week has been inconceivable for some, and legal experts have cautioned that other groups have a very good reason to be alarmed in lieu of the comments released by the controversial Justice Clarence Thomas. 

The Thomas Opinion Is A Dog Whistle To Conservatives

The moment that Justice Thomas releases his opinion, Democrats rallied to break down what his words really meant. Thomas opined that the Court should revisit “substantive due process precedents that established the right to same-sex intimacy, and same-sex marriage. That case – Obergefell – has previously been contested by Justices Alito and Thomas as one that should be reversed.

The dog whistle that Justice Thomas released last week was viewed by many as a preview of what is yet to come in the coming years as Republicans encroach on the rights of minority groups yet again. Currently, LGBTQ+ advocates are being cautiously optimistic about the laws protecting the community, but there is also concern about the rulings and how this may affect queer rights at the state levels across the country. 

Access to Abortion and Transgender Health Care Are Now Compromised

Without question, the high court’s decision will have a direct impact on lesbian, gay, bisexual, transgender and queer people. The LGBTQ community relies on reproductive health care as they seek and receive abortions and use contraception. The willingness of the Court to overturn precedent could signal other federally protected rights of minorities may be in peril and is has been stressed by leaders to codify as much as possible in order to maintain the status quo. 

The Stats As They Stand Now

Currently, there are 29 states with same-sex marriage bans that are still on the books that were rendered null and void by the 2015 Obergefell ruling. If the decision was reversed, however, the states would have the power to decide on same-sex marriage. Following last week’s landmark decision, many elected officials in several states have stepped up and are working right now to protect same-sex marriage across the country. 

Where The General Public Stands nn Same-Sex Marriage

Unlike abortion rights, the general public has shifted in a major way towards same-sex marriage within the last two decades, with more than 70% of Americans – including a majority of the Republicans – supporting same-sex unions. While same-sex marriage is not in immediate danger, the recent ruling reveals the politicized nature of the court and potential threats that may lie in store down the line for the LGBTQ+ community.

With the legitimacy of the Court in question now and constitutional rights on the line, HomoCulture will keep readers updated on the latest news affecting the community. 

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