LGBTQIA+ Rights At Risk After Roe V. Wade Decision, NJ Experts Say

SOUTH JERSEY — The rights of the LGBTQIA+ community may be the next to undergo a sea change, several South Jersey experts told Patch.

"Now that Roe v. Wade has been overturned, look for some on the right to address issues like LGBTQIA+ rights," Kenneth Mariano, chair of the political science department and professor at Rowan College at Burlington County, told Patch.

Lauren Beals, co-founder and executive board member of the Haddon Twp Equity Initiative, said in an interview that she was concerned over the future of LGBTQIA+ rights in the wake of Roe v. Wade being overturned.

"Every time there is a question of someone’s freedom in jeopardy, that is a red flag that all of our freedoms are in jeopardy," she said.

Some Context Of Friday's U.S. Supreme Court Decision

Mariano said Obergfell v. Hodges — the case that allowed same-sex marriages to occur and be recognized — was the last time a Supreme Court decision reached the level of impact as the opinion announced Friday did.

The 2015 Obergfell v. Hodges decision "struck a chord to many because it defied traditional marriage between man and woman," he continued.

Mariano said it was very likely that Obergfell v. Hodges would be overturned if a case challenging it makes all the way to the U.S. Supreme Court.

"[Obergfell v. Hodges] was a 5-4 decision, and two out of the five justices in the majority have since been replaced by solid conservatives," he said.

Mariano also noted that in the U.S. Supreme Court decision announced Friday, Justice Clarence Thomas wrote "that the courts have the duty of reconsidering cases such [as] Obergbfell. This may possibly open the door for the court to reconsider these cases."

Beth Clement, President of the Collingswood PFLAG chapter, was not so sure cases regarding LGBTQIA+ rights would make it to the U.S. Supreme Court.

"Before this would get to the [U.S.] Supreme Court, there would have to be a legal challenge of marriage equality, and I can't imagine under what circumstances this would occur," she said in an interview.

Clement continued, "unfortunately we can't rule out anything as this past week has shown us. What it seems we can be certain of is that should this issue reach the [U.S.] Supreme Court, they will take the case and endanger the rights of millions of people. They have clearly signaled that many things are on the table, likely emboldening those who want these cases overturned and
rights taken away."

Regardless of what the future holds, the ripple effect of U.S. Supreme Court's Friday announcement regarding a case in Mississippi was felt hundreds of miles away in New Jersey, according to Beals.

"This national ruling hits home here in Haddon Township and we are committed to staying informed and active within our community whenever our freedoms are in question," she said.

Will Abortions Ever Again Be A Constitutional Right?

The door is not completely shut on abortions being a constitutional right again in the future, he continued. History offers examples, albeit rare ones, where U.S. Supreme Court rulings were overturned, he said.

"The most popular example would be the landmark cases Plessy v. Ferguson and Brown v. Board of Education, which the latter struck down 'separate but equal,' doctrine," Mariano said in the interview with Patch.

The former case was decided in 1896, and the latter case was decided more than a half-century later in 1954, according to history.com.

"Another way would be to amend the Constitution," Mariano added, but admitted doing so "would be a stretch."

"The last time we ratified an amendment was in 1992, and that was originally proposed in 1789," he said.

LQBTQIA+ Advocates Urge Everyone To Take A Stand

Meantime, Beals asked those who have to date sat passively on the sidelines to reverse course and make their opinions heard.

"This is not a time to sit back and sit this one out because it might not affect you," she told Patch. "We are all connected and all of these issues of injustices — whether it be the fight for black lives, LGBTQIA+ rights, immigration, our indigenous people's sovereignty, gun laws and disability rights — are interconnected and we all have a role to play."

She continued, "we need to turn toward each other, otherwise very slowly ... leaders will continue to dismantle more of our rights."

Clement encouraged putting "public pressure on all lawmakers to codify Roe, Obergefel, etc. is imperative [since] we cannot rely on our courts to protect rights that aren't codified."

She also felt "people need to get involved in all areas of politics— local, state and national elections and fight for those being attacked."

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