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What Would Samuel Alito's Confirmation Mean for Same-Sex Couples?

By Kevin Adler
November 29, 2005

Senate hearings on the nomination of Samuel A. Alito, Jr., for the U.S. Supreme Court will not begin until Jan. 9, 2006, and liberal advocates are using the intervening time to engage in an uphill fight to challenge his confirmation. In particular, Alito's notions of privacy rights and the Equal Protection Clause of the U.S. Constitution have been cited by critics in the context of issues such as abortion and civil rights, respectively. Yet these same principles are the critical legal avenues that the LGBT community has utilized to expand rights over the past 20 years, suggesting that Alito's presence on the Court might shift the balance on LGBT rights issues in the future.

Retiring justice Sandra Day O'Connor has been an important vote on many issues. While abortion has drawn the greatest attention, it's likely that Alito (if he is confirmed) and new Chief Justice John Roberts eventually will decide cases of direct interest to the LGBT community. The Court's decisions on key LGBT cases have been close, with O'Connor voting consistently to broaden protections for homosexuals. Most notably, she voted with the majority in the 5-4 decision in Lawrence v. Texas in 2003 (writing her own opinion on equal protection grounds), and the 6-3 decision in Romer v. Evans in 1996.

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