ENVIRONMENTAL & SOCIAL JUSTICE
While the draft opinion states that other civil rights laws — includ- ing cases such as Lawrence and Obergefell — are untouched by the decision, attorneys for advocacy organizations say that if the language is final, it opens a Pandora’s box for rolling back some of the most fun - damental American rights guaranteed in the 14th Amendment. “Roe is based on this idea of substantive due process,” said Alejan - dra Caraballo, a clinical instructor at the Cyber Law Clinic at Harvard Law School. “Basically all of the LGBTQ rights cases are built on this idea of equal protection and substantive due process.” The federal government argued in a friend of the court brief last year — regarding the same Mississippi law restricting abortion ac- cess that is central to Monday’s leaked draft opinion — that accepting limits to what liberties are protected by the 14th Amendment would threaten Americans’ rights to same-sex intimacy and marriage. The court’s leaked draft opinion to overturn Roe pokes holes in what protections are offered by the 14th Amendment’s due process and equal protection clauses by stating that such rights must be “deep- ly rooted” in the country’s history. “It opens up a can of worms related to legal arguments regarding the 14th Amendment and its application to the 14th amendment,” said Victoria Kirby York, deputy executive director of the National Black Justice Coalition. “It is the constitutional amendment that reset in many ways a lot of the anti-Black, anti woman messages in the origi- nal Constitution.” LGBTQ+ advocates did not mince words on May 3rd. “This is a fight for our lives,” said Sharon McGowan, legal direc - tor of Lambda Legal. “From the minute Obergefell was decided, from the minute Lawrence was decided, we knew that there were folks who would never accept that as the final word. We are living in that mo - ment in a very intense way right now.”
Toward the end of the draft court opinion, Alito acknowledges that the court cannot predict what political or societal consequences would arise from overturning Roe. “And even if we could foresee what will happen, we would have no authority to let that knowledge influence our decision,” he writes. The 19th is an independent, nonprofit newsroom reporting on gender, politics and policy. Their goal is to empower those they serve — particularly women, women of color and the LGBTQ+ community — with the information, resources and community they need to be equal participants in our democracy. https://19thnews.org/
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PATHWAYS—Summer 22—79
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