(AP/J. Scott Applewhite)

What the Supreme Court’s marriage equality ruling means for reproductive rights

Kennedy’s opinion contains a nugget of good news for pro-choice activists


follow us in feedly
Jenny Kutner
June 26, 2015 7:06pm (UTC)

There’s a little Easter egg in Friday's marriage equality ruling that could have major repercussions for reproductive rights activists — if and when the Supreme Court takes up the issue of abortion again.

In his opinion for the majority, Justice Anthony Kennedy references the interplay of “personal choice” as it relates to same-sex marriage. But, in doing so, he also acknowledges the way individual autonomy relates to other life decisions, such as the right to use contraception or have a baby:

A first premise of the Court’s relevant precedents is that the right to personal choice regarding marriage is inherent in the concept of individual autonomy. …Like choices concerning contraception, family relationships, procreation, and childrearing, all of which are protected by the Constitution, decisions concerning marriage are among the most intimate that an individual can make.

Let’s string some things together here: “choices concerning contraception…procreation, and childrearing…are protected by the Constitution.” It’s a single line, but it’s no throwaway — especially not in a SCOTUS decision that affirms equal access to happiness and control over one’s own life. It could set a precedent that’s invaluable to the fight to secure reproductive rights once and for all.


Jenny Kutner

MORE FROM Jenny KutnerFOLLOW @JennyKutner

BROWSE SALON.COM
COMPLETELY AD FREE,
FOR THE NEXT HOUR

Read Now, Pay Later - no upfront
registration for 1-Hour Access

Click Here
7-Day Access and Monthly
Subscriptions also available
No tracking or personal data collection
beyond name and email address

•••






Fearless journalism
in your inbox every day

Sign up for our free newsletter

• • •