14th Amendment Under Attack
- Darren Phillips
- Jun 24, 2022
- 2 min read
Updated: Aug 13
Yesterday’s Supreme Court decision, which effectively overturned Roe V. Wade, was about so much more than fetal rights versus women’s bodily autonomy. This decision and the doctrinal rationale behind it open the door to a full-scale attack on any number of unwritten constitutional rights protected under the 14th Amendment.
In his concurring opinion, Justice Thomas wrote that he wants to overturn Griswold, Lawrence, and Obergefeld next. These landmark cases provide constitutional protections for contraception, same-sex intimacy, and same-sex marriage, respectively. Clearly, the 14th Amendment is under attack.
Yesterday’s decision and the very narrow doctrine that informed it also represent a clear attack on separation of church and state. We are, in fact, witnessing a slide away from democracy and a slide toward theonomy. We should all be alarmed, including those among us who are religious.
One additional point: Removing these case law protections theoretically allows Congress to enact federal restrictions. We all assume that once constitutional protections like Roe have been removed, it will be up to state lawmakers to determine what should and shouldn’t remain legal. But what’s to stop a Republican majority in Washington from passing a nationwide ban on abortion or even contraception, should Griswold be overturned? ☕︎
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