After the US Supreme Court overturned Roe v. Wade, Justice Clarence Thomas wrote a concurring opinion (a statement outlining his stance on the ruling). Thomas stated that other Supreme Court rulings that used a similar legal argument as Roe v. Wade should also be overturned. 


Three landmark cases that use a similar legal argument as Roe v. Wade include the cases that establish your right to:

  • Same-sex marriage (Obergefell v. Hodges)
  • Access to birth control (Griswold v. Connecticut)
  • Private sexual decisions between consenting adults (Lawrence v. Texas – ruled anti-sodomy laws unconstitutional )


At the moment, these rights are not being challenged in the Supreme Court. However, the overturning of Roe v. Wade and Justice Thomas’ concurring opinion have raised fears about the future of these protections. 


Thinking about the future Supreme Court rulings might make you feel confused, overwhelmed, or even helpless. We believe in the power of democracy and in the power of fighting for human rights. We also believe in empowering you with knowledge about your rights and the legal processes that protect them. The list of resources below will help you gain a deeper understanding of the possible ripple effects of overturning Roe v Wade.




  1. Overview – what’s at risk now that Roe v Wade is overturned?

Roe v. Wade was built on rights established in the Fifth and Fourteenth amendments of the Constitution. What other landmark cases use a similar argument? And are they in danger?


  1. What precedent exists for these rights? 

You have the right to marry someone of the same sex, access contraceptives, and engage in sexual relations with consenting adults. Discover where each of these rights comes from & the precedent that their cases set. 


  1. The Supreme Court’s history of overturning precedent & what could be next

Roe v. Wade set a precedent for nearly 50 years. But, with the changing demographic of the Supreme Court, that precedent was easily overturned. Learn more about the Court’s history of overturning precedent and what you can expect for future precedent challenges. 


  1. Insight from an expert – Jim Obergefell 

Jim Obergefell, the plaintiff in the 2015 case that established the right to same-sex marriage, has first-hand experience with the US Supreme Court system. Listen as he shares his thoughts on NPR’s All Things Considered (audio interview). 


Your Rights Moving Forward 


Greenberg and Sinkovits believes in your right to marry whomever you choose and your right to plan for your future with access to appropriate medical care and contraceptives. The legal challenges to these rights may not stop with the overturning of Roe v. Wade. We encourage you to stay informed and help others understand their rights. 


If the Supreme Court ever does overturn your right to same-sex marriage, your marriage will still be recognized in the state of Illinois. If, however, you left Illinois and moved to a state that does not recognize same-sex marriage, you may encounter legal problems with adoption, estate planning, and divorce. 


We offer free consultations and would be happy to help you understand your rights if you’re entering a same-sex marriage or have a family who may be affected by these decisions. Call our office today.