Skip to content
Search AI Powered

Latest Stories

Texas Abortion Ban Architect Now Looking To Recriminalize Gay Sex And Overturn Gay Marriage

Texas Abortion Ban Architect Now Looking To Recriminalize Gay Sex And Overturn Gay Marriage
Stanford Law School/YouTube

There has been significant controversy around a recent near-total abortion ban in Texas, and its architect is now back in the news for targeting gay sex and gay marriage.

The law in question went into effect after the Supreme Court voted 5-4 not to block its implementation, saying abortion providers had not met the burden required for a stay of the law.


It prohibits virtually all abortions after a heartbeat is detected, which is typically after six weeks of pregnancy and empowers citizens to file lawsuits against abortion providers suspected of violating the new policy.

The law, referred to as a "fetal heartbeat bill," would also allow citizens to file lawsuits against abortion providers suspected of violating the new policy.

Now, news outlets report that Jonathan Mitchell, the former Texas solicitor general considered the abortion law's architect, wrote an amicus brief to the United States Supreme Court ahead of its ruling on Dobbs v. Jackson Women's Health, a Mississippi case limiting abortion to 15 weeks.

The case has alarmed abortion providers and women's rights advocates who fear it could lead to an overturning of Roe v. Wade, the landmark Supreme Court decision that protects a pregnant woman's right to choose reproductive healthcare without excessive government restriction.

Though Mitchell's brief, also signed by his co-counsel Adam Mortara, dedicates much of its time to the Texas abortion law's defense, it also questions "lawless" pieces of legislation, namely the Lawrence v. Texas ruling, which decriminalized gay sex nationwide, and the Obergefell v. Hodges ruling, which legalized same-sex marriage.

Though the brief does not say reversing Roe v. Wade would threaten the same-sex marriage ruling, it does say that

""the news is not as good for those who hope to preserve the court-invented rights to homosexual behavior and same-sex marriage …
"These 'rights,' like the right to abortion from Roe, are judicial concoctions, and there is no other source of law that can be invoked to salvage their existence."

It goes on to add that while the Supreme Court should not necessarily overturn Lawrence and Obergefell, it should consider these two rulings as "lawless" as Roe v. Wade and, by extension, Planned Parenthood v. Casey.

"This is not to say that the Court should announce the overruling of Lawrence and Obergefell if it decides to overrule Roe and Casey in this case."
"But neither should the Court hesitate to write an opinion that leaves those decisions hanging by a thread. Lawrence and Obergefell, while far less hazardous to human life, are as lawless as Roe."

The brief drew the attention of Melissa Murray, who teaches at New York University's School of Law.


After reviewing it, she said she believes "the long-term plan is to overturn all of these decisions."


The brief quickly went viral, and many concurred with Murray's assessment.




Mitchell, who previously clerked for the late conservative Supreme Court Justice Antonin Scalia, was recently profiled in The New York Times, which described him as a critical face in the newest phase of the anti-abortion movement.

"Instead of focusing on stacking the courts with anti-abortion judges, trying to change public opinion or pass largely symbolic bills in state legislatures, Mr. Mitchell has spent the last seven years honing a largely below-the-radar strategy of writing laws deliberately devised to make it much more difficult for the judicial system — particularly the Supreme Court — to thwart them, according to interviews."

Mitchell's approach has drawn heavy criticisms that it seeks to evade the process of judicial review, which is the power of courts to decide the validity of acts of the legislative and executive branches of government.

More from Trending

Giorgia Meloni; Donald Trump
Antonio Masiello/Getty Images; Harun Ozalp/Anadolu via Getty Images

Italian Prime Minister's Sarcastic Remarks About Distancing Italy from The U.S. Resurface After Trump's NATO Gripe

Sarcastic remarks Italian Prime Minister Giorgia Meloni made earlier this month in response to calls for Italy to distance itself from the U.S. resurfaced after President Donald Trump claimed during a speech at the World Economic Forum that the U.S. has "never gotten anything" from NATO.

Trump stoked tensions at the gathering of world and business leaders in Davos, Switzerland, by continuing his push to seize control of Greenland from Denmark. He reiterated his reasoning that owning Greenland is crucial to domestic and international security, dismissing the fact the territory is under the control of a key ally.

Keep ReadingShow less
Amy Poehler; Jennifer Lawrence
Good Hang with Amy Poehler/YouTube

Jennifer Lawrence Stunned After Amy Poehler Suggests She's Showing Subtle Sign Of Perimenopause At 35

Menopause can often seem like a mystery, with many women knowing only that this new stage of their life is supposed to begin somewhere around age 50 and that the women in their family went through it before them.

But in recent years, Gen Xers and Millennials have opened up about the symptoms of menopause and how to abide those symptoms, and they've also increased awareness about what comes before it: the transitional time called perimenopause.

Keep ReadingShow less
Jesse Watters
Fox News

Jesse Watters Ripped After Claiming The U.S. 'Owns' The Moon In Mind-Numbing Fox News Rant

On Tuesday, MAGA Republican President Donald Trump held another unhinged press conference that didn't help the White House's claims that Trump isn't cognitively impaired.

Among the topics the POTUS ranted and rambled about were Somalian immigrants, insane asylums, Don Lemon, his mother's assessment of his baseball prowess, Immigration and Customs Enforcement (ICE), and Greenland.

Keep ReadingShow less
Ted Cruz
Noam Galai/Getty Images

Ted Cruz's Team Responds To Backlash After He's Spotted On Flight Out Of Texas As State Braces For Winter Storm

Texas Republican Senator Ted Cruz's team was forced to respond to criticisms after he was photographed on a flight to California on Tuesday as Texas prepares for an arctic cold front and potentially severe winter storm conditions—events that are reminding people of Cruz's now-infamous trip to Cancún.

Political strategist Shea Jordan Smith shared an image of Cruz taken on January 20 that shows him "on a plane heading to Laguna Beach as the state of Texas braces for a rare ice threat and arctic cold front."

Keep ReadingShow less