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You are here: Home > Forum > A Place of Safety > General Talk > The Assault on LGBTQ Rights
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Re: The Assault on LGBTQ Rights  [message #78338 is a reply to message #78300] Tue, 03 May 2022 14:53 Go to previous messageGo to next message
Bensiamin is currently offline  Bensiamin

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Presumabley pretty much everyone had heard about the leak yesterday of the draft Supreme Court ruling which will overturn Roe v. Wade, and was printed by Politico. 

In a way it comes as no surprise, and as this forum string has been pointing out, overturing abortion rights is of a piece in the culture wars, and its only the beginning. It's time to start assessing the consequences and implications. The New York Times had this image in their main article today on the SCOTUS ruling.


https://forum.iomfats.org/?t=getfile&id=5326&private=0

Remember, when Gorsuch, Kavanaugh and Comey Barrett were confirmed they all said Roe v. Wade was established law! Historian Heather Cox Richardson characterizes where we are as follows:

And so here we are. A minority, placed in control of the U.S. Supreme Court by a president who received a minority of the popular vote and then, when he lost reelection, tried to overturn our democracy, is explicitly taking away a constitutional right that has been protected for fifty years. Its attack on federal protection of civil rights applies not just to abortion, but to all the protections put in place since World War II: the right to use birth control, marry whomever you wish, live in desegregated spaces, and so on.
The draft opinion says the state legislatures are the true heart of our democracy and that they alone should determine abortion laws in the states. 


Yes, this may be happening in the US, but authoritarian birds fly together. Today's Republicans have taken a lot of material from Putin and Orban's play book, and they cross polinate each other. La Pen got over 42% of the vote in France recently. This is the new reality: authoritarians take away people's rights. It's as simple as that, and gives all the more import to the maxim that elections have consequences!

[Updated on: Tue, 03 May 2022 23:32]




Bensiamin
Re: The Assault on LGBTQ Rights  [message #78339 is a reply to message #78338] Tue, 03 May 2022 23:34 Go to previous messageGo to next message
Bensiamin is currently offline  Bensiamin

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And it should be noted that the implications are becoming apparent. Here are three from today's The Atlantic Magazine newsletter:

•             The conservatives aren't just ending Roe--they're delighting in it. The leaked draft is the work of emboldened justices who have no desire to end Roe in a gentle manner, the law professor Mary Ziegler argues: "The conservative majority is not going to sit around and wait; nothing about this seems particularly hard for these justices. No soul-searching was required."

•             Roe's supporters must stand up. "My mother and all the women who fought alongside her gave my generation Roe v. Wade," our contributing writer Molly Jong-Fast explains. "They gave us the bodily autonomy we should have already had ... It was an essential gift, and an irreversible one. Or so we thought."

•             This ruling will have tremendous implications. Our staff writer Adam Serwer asks, if the Court is willing to strip away a right that has been enshrined for a half century, what will the justices do next? "There is no freedom from state coercion that conservatives cannot strip away if conservatives find that freedom personally distasteful," he writes. "The rights of heterosexual married couples to obtain contraception, or of LGBTQ people to be free from discrimination, are obvious targets."




Bensiamin
Re: The Assault on LGBTQ Rights  [message #78361 is a reply to message #78339] Thu, 07 July 2022 07:38 Go to previous messageGo to next message
Pedro

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"Bensiamin wrote on Tue, 03 May 2022 23:34"
And it should be noted that the implications are becoming apparent. Here are three from today's The Atlantic Magazine newsletter:

•             The conservatives aren't just ending Roe--they're delighting in it....
•             ...
•             This ruling will have tremendous implications. Our staff writer Adam Serwer asks, if the Court is willing to strip away a right that has been enshrined for a half century, what will the justices do next? "There is no freedom from state coercion that conservatives cannot strip away if conservatives find that freedom personally distasteful," he writes. "The rights of heterosexual married couples to obtain contraception, or of LGBTQ people to be free from discrimination, are obvious targets."




-- what's next? Contrary to my expectations, not the 'easy' pick of LGBTQ, but another, far more reaching, case, Moore vs Harper -a voting rights case that also potentially overturns 100+years of precedent. As I understand it, overturn would effectively allow state legistlatures to gerrymander and restrict voting so as to ensure a de facto one party state.
On a Youtube channel I visit from time to time, one of the comments in a discussion on this case (and the current state of the great American Experiment )was:
"As crappy as Putin is doing in Ukraine I would guess he tunes into Fox News and gets a huge pick me up. The downfall of Western Democracy with out firing a single round. Awesome."
From this side of the pond looks about on the mark.

[Updated on: Thu, 07 July 2022 07:40]




Pedro
Re: The Assault on LGBTQ Rights  [message #78369 is a reply to message #78361] Tue, 12 July 2022 14:48 Go to previous messageGo to next message
Bensiamin is currently offline  Bensiamin

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The impacts since the leal of Justice Alito's draft and then the recent overturning of Roe v. Wade haven't needed any commentary. The news media and commentary have provided adequate coverage. What is slowly becoming apparent, however, is where the real threats lie and how they are starting to appear. Of note, an article in today's New York times with this telling observation:

The same state-level dynamic on abortion may destabilize protections the court has extended to certain other rights not enumerated in the Constitution, including those related to same-sex marriage and even contraception. On this point, both Justices Alito and Kavanaugh offered unconvincing reassurances, while Justice Clarence Thomas concurred separately to invite challenges to precedents based on "substantive due process" rights not found in the text of the Constitution.

Despite the Supreme Court's ruling in 2015 in Obergefell v. Hodges that same-sex couples enjoy a constitutional right to marry, 35 states still have statutes or state constitutional amendments (or both) on the books that ban such marriages. In the wake of Dobbs, it's likely that one or more states will reactivate a same-sex marriage ban or decline to issue a license to a same-sex couple. Litigation will ensue, culminating in a Supreme Court clash forcing the hard-right majority either to embrace Justice Thomas's blunt forecast that Dobbs foreshadows a reversal of Obergefell or somehow split hairs over different varieties of unenumerated rights. The same approach could jumpstart state attempts to revive criminal bans on contraception and consensual gay sex.



That's a huge number: 35 out of 50 states in the USA still have these laws on the books! The rights of Americans to privacy and personal decision-making that are enshrined in the Fourteenth Amendment never looked so good... nor have even been at such risk. All like-minded Americans need to be working to stop this nightmare that has been unleashed.

You can read the whole NY Times article here.



Bensiamin
Re: The Assault on LGBTQ Rights  [message #78370 is a reply to message #78369] Fri, 22 July 2022 14:47 Go to previous message
Bensiamin is currently offline  Bensiamin

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Now that the Supreme Court ruling has done away with Roe and turned outlawing abortion over to the states, some of the pundits in the US are finally getting real about how it came to pass. This is particularly relevant as members of that same court have said that the right to contraception, consensual relaitons and same-sex marriage should also be reconsidered.

Here's what Linda Greenhouse said in the New York times today:

It was not constitutional analysis but religious doctrine that drove the opposition to Roe. And it was the court's unacknowledged embrace of religious doctrine that has turned American women into desperate refugees fleeing their home states in pursuit of reproductive health care that less than a month ago was theirs by right.

We all know the focus of religious bias and bigotry, and so should take notice.  You can read the entire article here





Bensiamin
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