As the nation awaits a decision from the U.S. Supreme Court regarding a Mississippi law that calls for banning abortion after 15 weeks of pregnancy, LGBTQ advocates are pushing to codify protections for same-sex marriage in states throughout the country.
In a draft Supreme Court opinion on Roe v. Wade, Justice Samuel Alito argues that rights need to be "deeply rooted in the nation's history and tradition" to be protected. "If that's their approach, then the right to contraception might equally be seen as 'not deeply rooted in our nation's history and tradition,'" says Caroline Mala Corbin, a University of Miami law professor.
Before the Supreme Court struck down bans and legalized same-sex marriage, 31 states had enacted laws banning same-sex couples from marrying. The laws have not been in effect since courts ruled them unconstitutional, but they remain on the books in most of those states.
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