SAN ANTONIO — A first draft opinion obtained by Politico suggests the Supreme Court is considering overturning Roe v. Wade, a landmark abortion rights ruling from 1973.
At this point, the opinion, written by Justice Samuel Alito, is still a draft and is not law, meaning abortion is still constitutionally protected, although some states have their own restrictions, including Texas.
But, pro-choice advocates still worry about the impacts overturning Roe v. Wade would have on people seeking abortions.
"We would be remiss if we did not think about what the consequences are if it becomes reality and that’s one of the things," said Robert Salcido, Executive Director for Pride Center San Antonio. "Whether they are a cis gender woman or a trans man or a non-binary person, so many people are affected by the potential overturning of Roe v. Wade," he added.
University of Texas at San Antonio Political Science Professor Javier Olivo said Roe v. Wade was interpreted the constitution to apply the 14th amendment, but adds that it does not explicitly state that people have rights to an abortion.
Under that language, Salcido worries about the future of marriage equality laws, which has also been interpreted by the court to have constitutional protection.
"It’s a question that really is looming now of 'could this potentially affect other human rights, other civil rights that are afforded to us through the supreme court?'", he said.
Government Affairs Specialist for Equality Texas, Ashley Hill believes the reasoning behind wanting to overturn Roe v. Wade could "signal kind of an open door to those who would challenge those (LGBTQ+) rights."
Olivo said, "What Justice Alito is really advancing is that it’s up to the states to create law and create specific what the terms mean."
The 98 page draft also mentioned Lawrence v. Texas, where The Supreme Court ruled it was unconstitutional to regulate private activity between consenting adults.
Alito also mentioned Obergefell v. Hodges, the 2015 Supreme Court Ruling that legalized same-sex marriage. This came after a gay couple was arrested in the Houston area for violating the state’s anti-sodomy law.
"It's so important that the rights we win in court need to also be secured in law at our state legislatures and our federal legislatures, " said Hill.
Olivo added one could argue that Justice Alito’s argument that abortion is not part of American history or tradition could "is one of the various arguments that could be used to attempt to overturn what was interpreted by the courts under the constitution."
He also pointed to Title VII of the 1964 Civil Rights Act.
"The supreme court has already interpreted in a 6-3 decision that the civil rights act of 1964, that includes protections of gender identity and sexual orientation," said Olivo. "But it would be better that it would be specifically written in the statute."
While concerns over the future of LGBTQ+ rights loom, Salcido believes it's important to focus on people potentially losing access to safe abortions.
"This is a fight for all of us, no matter what community you belong to," he said.
