The people who wrote the Constitution also had an expectation of privacy from the government, and also didn’t expect the government to come in between them and decisions of family making. The men who wrote it may not of have considered women to be whole persons of agency at the time but we do now.
Alito’s reasoning would strike down Loving v. Virginia. Tell me what I have wrong here:
1. When the 14th Amendment was ratified, many states had laws against interracial relations and marriages.
2. Pace vs Alabama in 1883 confirmed that laws prohibiting interracial relations didn’t violate the Equal Protection Clause of the 14th Amendment because penalties applied equally to all parties.
3. Loving vs Virginia overruled the precedent of Pace vs Alabama on the basis that the racists who ratified the 14th Amendment shouldn’t hold sway over 20th Century America.