Justice Clarence Thomas suggests Supreme Court could rethink decisions on contraceptives, same-sex marriage

BOSTON — An opinion written by the nation’s longest-serving justice is raising concerns that the high court could revisit other key cases. Justice Clarence Thomas suggested the court could re-examine decisions on access to contraception, same-sex relationships, and same-sex marriage. 

He said the court had a duty to correct the precedents. 

However, the majority opinion clearly said Friday’s ruling only applied to abortion access. 

Constitutional law expert Daniel Farbman told WBZ-TV the abortion decision could leave the door open though.

“If you do exactly what he did in this case, which is define a right narrowly and look for a tradition of protecting that right, the same logic that he applies to abortion could be applied to contraceptives, to same-sex sexual activity, and same-sex marriage,” said Farbman

For the Supreme Court to review these other decisions, a state would have to test them by creating a law that bans contraceptives or same-sex marriage. 

CBSBoston.com Staff

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