But the court’s three liberal justices – Stephen Breyer, Sonia Sotomayor and Elena Kagan – dismissed that logic as a farce in their fiery dissenting opinion. In the decision written by Justice Samuel Alito, the conservative majority makes it clear that the decision in Dobbs v Jackson Women’s Health Organization should not be interpreted as a threat to other major precedent cases. The court ruled in the 2003 case of Lawrence v Texas that states could not criminalize sodomy, and Obergefell v Hodges established the right for same-sex couples to marry in 2015. Griswold v Connecticut established a married couple’s right to use contraception without government interference in 1965. “In future cases, we should reconsider all of this court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell,” Thomas wrote in his concurring opinion to the ruling on Roe. The conservative justice Clarence Thomas appeared to offer a preview of the court’s potential future rulings, suggesting the rightwing-controlled court may return to the issues of contraception access and marriage equality, threatening LGBTQ rights.
