At the end of Tuesday’s oral arguments it wasn’t clear whether Justice Kennedy would side completely with marriage equality advocates.
The ongoing federal challenge to Texas’ omnibus anti-abortion law made its way to the nation’s highest court on Monday evening, with abortion providers asking Justice Antonin Scalia to put an appeals court decision on hold while their case makes its way through the judicial system.
There is no legitimate overriding purpose for subjecting gays and lesbians to invidious discrimination based on sexual orientation, because, ultimately, once you chip away at arguments against same-sex marriage, you’re left with nothing but “because it’s gross.” And “Ewww” is not a reason to deny an entire class of citizens a fundamental right.
There is no mention of abortion in the Constitution so it can’t be protected. However, in a recent essay, Andrew Koppelman challenges this assertion on originalist grounds: forced reproduction was intrinsic to slavery, which the framers of the Thirteenth Amendment sought to prohibit.