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After Dobbs: Can Obergefell Survive?

Loveland, I. ORCID: 0000-0001-9188-8217 (2023). After Dobbs: Can Obergefell Survive?. European Human Rights Law Review, 4, pp. 354-367.


The majority judgment of the United States Supreme Court in Dobbs, State Health Officer of the Mississippi Department of Health et al v Jackson Women’s Health Organisation et al. has returned virtually unfettered control over the regulation of abortion provision to the States. The majority judgment has also forcefully stated that this conclusion has no relevance to other landmark ‘liberal’ decisions, especially recognition of a Fourteenth Amendment liberty right enabling same gender persons to effect a valid marriage with each other. This paper questions both the doctrinal defensibility and the bona fides of that proposition and suggests that on both grounds the majority’s assertion is distinctly unconvincing.

Publication Type: Article
Additional Information: This is a pre-copyedited, author-produced version of an article accepted for publication in European Human Rights Law Review following peer review. The definitive published version Loveland, I. (2023). After Dobbs: Can Obergefell Survive?. European Human Rights Law Review, 4, pp. 354-367 is available online on Westlaw UK.
Publisher Keywords: Abortion; same sex marriage; stare decisis
Subjects: K Law > K Law (General)
Departments: The City Law School > Academic Programmes
[thumbnail of EHRLR-Dobbs-Loveland-final.pdf] Text - Accepted Version
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