How twisted and amoral has America become?
By Brynn Tannehill | FAIRFAX COUNTY, Virginia – On Wednesday, December 1, 2021, the United States Supreme Court heard oral arguments in the case of Dobbs vs. Jackson on whether to maintain Mississippi’s ban on abortions after 15 weeks. This would effectively overthrow Roe v. Wade, who argues that states cannot limit access to the “pre-viability” of abortion.
The tribunal seems ready either to overthrow Roe v. Wade or to make it irrelevant. This would reverse 50 years of precedent in the United States.
It is also a sign that LGBTQ + rights in the United States are on the verge of receding so quickly and irrevocably. During arguments, Associate Justice Brett Kavanaugh asked, “Why should this court be the arbiter rather than Congress, state legislatures, state supreme courts, the people being able to resolve this issue?” He also suggested that the tribunal should “return to a position of neutrality on this controversial social issue rather than continue to choose sides …”
The conservative majority in the court says anything that remains controversial should be struck down and sent back to states (or Congress) for decision. Deputy Judge Sonia Sotomayor noted under this theory of cases as Oberefell (equality in marriage) and Griswold (access to contraception) should also be knocked down.
The Mississippi solicitor general dismissed these questions saying Obergefell was no longer controversial and therefore there would be no pressure to overturn it.
This is a lie, however. a brief friend in Dobbs vs. Jackson, submitted by former Texas Solicitor General Jonathan Mitchell (one of the Texas architects “abortion premiums”Law), explicitly calls on the court to annul Roe vs. Wade, and Oberefell, Lawrence v. Texas, and Griswold with her under the same legal theories.
Twelve states have “trigger laws”Prohibiting abortion which will come into force when Roe vs. Wade is knocked down. In the same way, 31 states still have laws or constitutional amendments banning same-sex marriage in the books that would come into effect if Oberefell descends, including California, Oregon, Colorado, and Virginia.
Fourteen states still have anti-sodomy laws that would make same-sex sex illegal again if Laurent is knocked down.
Since abortion bans are primarily based on religious beliefs, the Court notes that we are stepping back to a time when “community morality” is a sufficient basis for the law, and the Supreme Court will be reluctant to intervene.
Since the late anti-gay Deputy Judge Antonin Scalia denounced the legalization of consensual sex between adults as a matter of equal rights or fairness, “The law is constantly based on notions of morality”, a- he declared.
We are now at a time when Scalia’s view of law dominates the Supreme Court. Oberefell based on Laurent based on Roe deer based on Griswold. With Roe gone or rendered helpless, the house of cards will almost certainly fall, Pandora’s Box will open, and all the horrors of Hell will come out.
States like Texas would very much like to overthrow Obergefell and will almost certainly do so in the weeks following the court ruling in the summer of 2022. This puts us on the right track for Oberefell be overthrown in 2024, and Laurent several years later.
Conservative states would also target the 1996 case Romer v. Evans, which ruled that states cannot pass laws targeting minorities without a rational basis beyond “community morality.” With these restored as a legal basis, Romer is likely doomed as well, allowing the Red States to pass all manner of nasty laws that deliberately target LGBTQ + people.
For example, they could pass laws prohibiting transitional care for all trans people, not just young people. Or, they could pass a law prohibiting the state, or state contractors, from hiring “known homosexuals.” Or create a special “potential sex offender” list for anyone diagnosed with gender dysphoria and make most health professionals and teachers mandatory journalists.
The list of potential horrors once Oberefell, Laurent, and Römer are gone is almost endless. All three are almost certainly doomed if the signals we receive from the court are any clear indication.
It’s reasonable to believe that all three will be gone by 2028, if not sooner. When they’re gone, the only thing preventing GOP-dominated states from going for the metaphorical jugular is if they somehow decide, inexplicably, that they’re going to tolerate the people. LGBTQ + among them, when they don’t have to.
Our community’s continued existence relies on the GOP to collectively develop empathy for us and forgo the chance to “make America even better” going back to 1954, when gays had no rights and were all confined to the closet.
It’s a sucker bet if I’ve ever seen one.
Brynn Tannehill is a senior analyst at a Washington DC area think tank and is the author of “American Fascism: How the GOP is Subverting Democracy.”