Despite their decades of using ‘states’ rights’ rhetoric to attack Roe and other key civil rights precedents, Republican politicians are already working openly towards a federal six-week abortion ban – a horrific prospect that will probably become a reality if they take control of both houses of Congress and the presidency in 2024.
Republican operatives and Christian Right activists have also made it clear that they are coming for contraception head on, and not only indirectly by attempting to define birth control as ‘abortion’. At some point, the Supreme Court’s 1965 decision in Griswold v Connecticut – which established that married couples could buy and use contraception without government interference – will probably be overturned by the Roberts Court (named for the current chief justice, John Roberts), which many consider illegitimate given its partisan packing with right-wing extremists.
And that’s not all.
Same-sex and interracial marriage under threat
Given that Alito’s leaked opinion explicitly stated that the rights of individuals to enter into same-sex marriages and to participate in private, consensual homosexual sex acts are not “deeply rooted in American history”, it is impossible to believe that no Republican politician will manoeuvre to retry those rights before the radicalised Supreme Court, sadistically throwing people in same-sex marriages into chaos and bringing back laws against “sodomy”, at least at state level.
According to reporting by Religion Dispatches, as soon as Roe is officially gone, Texas’s governor and attorney general are planning to challenge Obergefell v Hodges, the 2015 Supreme Court precedent that established same-sex marriage nationwide.
Meanwhile, on matters of racial justice, Republicans have been letting their masks slip in their fevered drive to forcibly drag America back to the 1950s. In late March, Mike Braun, a Republican senator who, unfortunately, hails from my home state of Indiana, was asked whether, given his position on abortion, he “would be OK with the Supreme Court leaving the question of interracial marriage to the states?”. He replied very bluntly: “Yes. I think that that’s something that if you’re not wanting the Supreme Court to weigh in on issues like that, you’re not gonna be able to have your cake and eat it too. I think that’s hypocritical.”
While Braun later claimed to have “misunderstood” the question and insisted that he is opposed to racism, the video footage of his very clear and direct response to a very clear and direct question makes it hard to take his later retraction at face value. Despite Republican attempts at message control on race, some Americans in interracial marriages are expressing concern that the Roberts Court might very well overturn Loving v Virginia, the case that legalised interracial marriage nationwide in 1967.
On 4 May, Texas governor Greg Abbott, an arch-conservative who often stirs up anti-immigrant sentiment, announced that he would seek to have the Supreme Court revisit the 1982 decision in Plyler v Doe, which ruled that America’s public schools must educate undocumented children. He later tried to downplay his remarks as primarily a dispute about whether state governments or the federal government should finance the education of undocumented immigrant children, but the racism beneath the veneer of a fiscal dispute is clear, especially since primary education is funded almost entirely at the state and local level in the US (a problem that creates its own inequities, but that’s for another column).
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