Here’s the thing: the man after whom the landmark Supreme Court decision striking down state laws restricting marriage to a man and a woman is named is not indulging in hyperbole:
Gay rights organizations told McClatchy they have been preparing for a decision ending Roe v. Wade for months, but were nevertheless stunned by the sheer sweep of Alito’s written opinion. Top officials and attorneys at the Human Rights Campaign held an emergency huddle on Monday night when the leaked draft published, and both HRC and GLAAD leaders are working to mobilize support for protests around the country with pro-choice groups.
“The fact that Alito in this decision takes the track that, if these fundamental rights that we enjoy in our nation are not specifically enumerated in our constitution, then they’re questionable and should only be based on our nation’s history and traditions — to me that is one of the scariest things to hear a Supreme Court justice say,” Obergefell said.
“The history and tradition in North America, in the land now known as the United States of America, was for white people to own black people. There’s a longer tradition there than there is of freedom,” he added. “So it’s just a terrifying thing.”
With his history of revulsion towards two men or two women marrying — in one delicious example of sophistry he complains about our calling those Americans who oppose gay marriage bigots — Alito omitted marrying a person of the same gender or sex among the rights he assured prospective readers the Court would not gut.
And of course he would. If abortion is murder, then providing contraception is an accessory after the fact. If the Burger Court ruled on a world-historic travesty, then subsequent rulings based on Roe would collapse too. Should a case challenging Obergefell reach SCOTUS and control of Congress witches parties, expect the Court to overrule it. I’d expect existing gay marriages to get grandfathered in, not unless Congress wants to deal with the unraveling of millions of tax statuses. Expect states right to come up. Jefferson Davis would nod.