• Mitt Romney dismissed Clarence Thomas' opinion that called for the Supreme Court to reconsider past rulings, including same-sex marriage.
  • "He's opened a lot of doors that no other justices walk through," Romney told reporters.
  • The House on Tuesday passed legislation that would protect same-sex marriage rights.

Sen. Mitt Romney on Wednesday dismissed Justice Clarence Thomas' opinion last month that called for the Supreme Court to reconsider its 2015 landmark same-sex marriage ruling, Obergefell v. Hodges.

"He's opened a lot of doors that no other justices walk through," the Utah Republican told reporter Matt Laslo after being asked about Thomas.

Insider also asked Romney what he made of the fact that all four of Utah's Republican House members voted for the Respect for Marriage Act on Tuesday, along with 43 other House Republicans.

"They obviously reviewed it and felt that it was the right thing to do," he replied.

Thomas, in response to the Supreme Court's June 24 decision overturning Roe v. Wade, wrote a concurring opinion that called for the court to "reconsider" other rulings, such as same-sex marriage, that involve privacy rights under the 14th Amendment. 

"For that reason, in future cases, we should reconsider all of this Court's substantive due process precedents, including Griswold, Lawrence, and Obergefell," Thomas wrote, referring to rulings concerning contraception access, same-sex relationships, and same-sex marriage.

The court's reversal of federal abortion rights, along with Thomas' opinion, sparked widespread concerns among congressional Democrats that other rights, including same-sex marriage, might be at risk in the future. The Democratic-led House passed legislation on Tuesday that would protect same-sex marriage rights, with 47 Republicans voting in favor of the bill. 

Romney's comments on Wednesday come as the Senate is considering taking up the same-sex marriage legislation. The Republican senator said he hasn't given thought to the bill yet because same-sex marriage is still currently legal nationwide.

"We all know what the law is. I haven't given consideration to that legislation, in part because the law isn't changing and there's no indication that it will," Romney told reporters. "And clearly, the legislation from the House is unnecessary, given the fact that the law is the same, and we'll take a look at it as it comes our way."

Besides his recent opinion, Thomas has come under increased scrutiny following reporting of several text messages and emails that his wife, Ginni, sent to Trump White House officials and Republican state lawmakers in the aftermath of the 2020 election. The messages are in the possession of the House select committee investigating the January 6 Capitol riot, which has asked for an interview with Ginni.

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