The identical rationale the conservative court employed to reverse the 1973 decision on abortion rights could now be used to eliminate the precise to same-sex marriage, contraception and interracial marriage, which was protected within the 1967 Loving v. Virginia ruling, lawmakers and students fear.
Jackson bashed Thomas as “Uncle Clarence” in a Friday night tweet, referring to the excessively servile Black character in Harriet Beecher Stowe’s pre-Civil War novel “Uncle Tom’s Cabin.”
In a solo concurring opinion Friday, Thomas suggested that the court should “correct the error” by withdrawing granted rights now protected under the “substantive due process clause” of the 14th Amendment.
But Thomas specifically named only the rights to same-sex marriage and contraception. He side-stepped the Loving case, which, if overturned as Roe was, could threaten his own interracial marriage to Ginni Thomas.
Jim Obergefell, the plaintiff behind the Supreme Court’s landmark ruling on same-sex marriage, said Friday that Thomas omitted Loving v. Virginia on his list of top court decisions to “reconsider” since it “affects him personally.”
That “affects him personally, but he doesn’t care concerning the LGBTQ+ community,” Obergefell said on MSNBC’s “The Reid Out.”
Though some Thomas supporters criticized Jackson for what they called a “racist” attack on the justice, the actor’s Twitter followers mostly applauded the dig — and the difficulty: