Thursday, September 13, 2018
The Glucksberg Test could be dangerous to any review of previous gay-equality wins before the Supreme Court
Facebook shadow-banned a ThinkProgess article because of criticism from a fact checker, the Weekly Standard. But what’s important is that the article discussed the Glucksberg test. This maintains that a right is fundamental if “deeply rooted in American tradition.”
It’s not just Roe v. Wade. Gay rights decisions like Lawrence v Texas and Obergefell might have trouble remaining settled law if they in fact don’t represent long standing traditions. In Hardwick v Bowers, the conservative majority had held that anti-gay animus was rooted in tradition.
Zach Beauchamp of Vox explains all this here.