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Reason
Reason
Scott Shackford

Will a Conservative Supreme Court Turn on Gay Rights After Dismantling Roe? Be a Skeptic

The belief that Roe v. Wade (1973) is set to be overturned, based on a leak of Justice Samuel Alito's draft opinion of Dobbs v. Jackson Women's Health Organization Monday, is leading to questions about whether other well-known court precedents are at stake, particularly on LGBT issues. Will a heavily conservative Supreme Court rethink Obergefell v. Hodges, the 2015 decision that made same-sex marriage recognition the law of the land? Would a conservative court go so far as to toss out Lawrence v. Texas, the 2003 decision that overruled state-level sodomy laws and essentially recognized a right to sexual autonomy and privacy among consenting adults?

When I say "leading to questions" here, I actually mean "somewhat panicky quick-hit analyses." To start with some clarity, while Alito's draft is authentic, we do not yet know whether other conservative justices have signed on to support this version.

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