Let States Become Theocracies

In his concurring opinion on Dobbs v. Jackson Women’s Health Organization, Justice Clarence Thomas has indicated that he would let states become theocracies.

Thomas wrote, “In future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell.” The ruling in Griswold struck down Connecticut’s ban on contraception. In Lawrence, the Court struck down a Texas law that criminalized homosexuality. And in Obergefell, the Court ruled that prohibitions on same-sex marriages are unconstitutional. According to Thomas, all of these rulings should be reviewed, and presumably, overturned.

The Court’s ruling in Dobbs allows each state to regulate or ban abortion as it chooses. And according to Thomas, the same should occur with homosexuality and same-sex marriage. Opposition to abortion, homosexuality, and same-sex marriage is nearly always found on religious beliefs. Thomas has given the states a green light for conservatives to replace the Constitution with the Bible.

If the Bible becomes the law of the land, there is no reason to believe that conservatives will stop with abortion, contraception, homosexuality, and same-sex marriage. It is not hard to imagine that they will attempt to enact any law that they can find a Biblical basis for. We should not forget that many defenders of slavery cited the Bible to support that vile institution.

The proper purpose of government is the protection of individual rights. Individual rights protect each person’s freedom to live his life as he chooses, so long as he refrains from using force or fraud against others. Each individual has a right to prevent unwanted pregnancies. Each person has a right to love and marry any adult of his choosing. While these rights are not specifically protected in the Constitution, they are as unalienable as the rights to life, liberty, and the pursuit of happiness. Indeed, such actions are among the means by which individuals exercise their rights to life, liberty, and the pursuit of happiness.

The Constitution says nothing about driving an automobile, taking a vacation, or pursuing the career of one’s choosing. All of these actions, and countless others, are applications of the rights to life, liberty, and the pursuit of happiness. The purpose of the Constitution is not to enumerate what individuals may do. The purpose of the Constitution is to limit what the government can do. Dobbs tells the states that they can do as they please, and the Court will not stop them. The ruling opens the door to let states become theocracies.