ENVIRONMENTAL & SOCIAL JUSTICE What Happens if Roe v. Wade is Overturned? LGBTQ+ Legal Experts are Worried About Civil Rights
experts say the draft opinion leaves critical civil rights law vulnerable, including cases that granted Americans the right to same-sex relation- ships (Lawrence v. Texas) and marriage equality (Obergefell v. Hodg - es). The draft opinion also signals that the court is willing to disturb significant legal precedent — which could have consequences beyond immediately restricting abortion access, said Ezra Ishmael Young, who teaches constitutional law at Cornell Law School. “I think the concern with LGBTQ+ people is if they’re willing to do it in abortion, are there any other issues where they’re willing to do it too?” Still, the long-term consequences are unknown, Young said, espe- cially since the draft opinion is from February and details of the cur- rent opinion are not public. (Chief Justice John Roberts has confirmed the authenticity of the document but stressed that it is not the final opinion of the court.) LGBTQ+ advocates have long nervously eyed the increasingly con - continued on page 78
BY KATE SOSIN, ORION RUMMLER, THE 19TH
Some legal experts say the draft opinion leaves critical civil rights law vulnerable, including precedent that granted Americans the right to same-sex relationships and marriage equality. This story was originally published by The 19th. The Supreme Court’s draft opinion leak has James Esseks worried, and not just about abortion access. Esseks, the director of the LGBTQ & HIV Project at the ACLU, ticks off the civil rights laws he fears could be on the chopping block. “This potential majority of five justices seems perfectly willing to jettison 50 years of precedent and a right that has become deeply in - grained in the fabric of American society based on not a whole lot,” he said. Since it leaked, legal experts across the nation have dug through Justice Samuel Alito’s draft opinion that would overturn Roe v. Wade, the 1973 decision that granted the right to an abortion. Some LGBTQ+
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