The 14th Amendment was passed in 1868 and largely expanded due process rights of previously enslaved Americans. In a separate concurring opinion, Justice Clarence Thomas said the court should review other precedents, including its 2015 decision legalizing same-sex marriage, a 2003 decision striking down laws criminalizing gay sex and a 1965 decision declaring that married couples have a right to use contraception. Get the NBC 4 New York app for iOS or Android and pick your alerts. Stay informed about local news and weather.