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

Ridley Scott; Denzel Washington
Samir Hussein/WireImage/GettyImages, Tim P. Whitby/Getty Images for Paramount Pictures

Ridley Scott Disputes Denzel Washington's Claim Same-Sex Kiss In 'Gladiator II' Was Cut

Gladiator II director Ridley Scott denied Denzel Washington's claim of a same-sex kiss in a scene that was cut from the new sequel to 2000's Gladiator.

During a red carpet interview with Variety at the Los Angeles premiere of Gladiator II, Scott called B.S. on Washington's so-called "kiss of death" he mentioned in a previous interview with Gayety’s Caitlynn McDaniel.

Keep ReadingShow less
Screenshots of Tanya Tsikanovsky and Donald Trump
Fox 11

Lesbian Criticized For Complaining She Lost LGBTQ+ Friends After Voting For Trump

Former Democrat and Los Angeles resident Tanya Tsikanovsky told Fox 11 that she's been ostracized by her friends over her decision to vote for Trump—and the internet doesn't have much sympathy for her.

Tsikanovsky revealed that she wasn’t always a Republican. She voted for Hillary Clinton in 2016 and Joe Biden in 2020, even working with Clinton’s campaign in Iowa. At the time, she admitted to having strong disdain for Trump supporters.

Keep ReadingShow less
Jim McGovern; Donald Trump
Tom Williams/CQ-Roll Call, Inc via Getty Images; Michael Ciaglo/Getty Images

Democratic Rep. Says What We're All Thinking About Trump's 'Beyond Insane' Cabinet Picks

Democratic Massachusetts Representative Jim McGovern gave his blunt assessment of President-elect Donald Trump's bizarre Cabinet picks thus far, calling them "beyond insane."

With Trump recently having picked Matt Gaetz (who faces sex trafficking accusations) for attorney general, Tulsi Gabbard (who has ignited concerns due to her ties to Russia) for director of national intelligence, and Pete Hegseth (a Fox News host accused of sexual assault) for secretary of defense, and Robert F. Kennedy Jr. (an antivaxxer and conspiracy theorist) for secretary of health and human services, Senate Republicans are very much divided on confirming them.

Keep ReadingShow less
Cynthia Erivo; Dax Shepard
Jeff Spicer/WireImage; Raymond Hall/GC Images

Cynthia Erivo Shuts Down Dax Shepard After He Asks TMI Question About Her Long Nails

Wicked star Cynthia Erivo has made it clear she has little time for people's nonsense—that's one of the things fans love about her.

And the latest to test her patience was podcaster Dax Shepard, who asked Erivo a TMI question that left her bristling a bit even as she took it in stride.

Keep ReadingShow less
Screenshot of Marjorie Taylor Greene; Donald Trump
Real America's Voice; Allison Robbert-Pool/Getty Images

MTG Melts Down In Bonkers Rant Demanding Senate Republicans 'Say Yes Sir' To Trump's Cabinet Picks

As President-elect Donald Trump's Cabinet picks face increasing opposition from Senate Republicans, Georgia Republican Representative Marjorie Taylor Greene is not handling it all that well, demanding her colleagues "say yes sir" to Trump's every whim.

With Trump recently having picked Matt Gaetz (who faces sex trafficking accusations) for attorney general, Tulsi Gabbard (who has ignited concerns due to her ties to Russia) for director of national intelligence, and Pete Hegseth (a Fox News host accused of sexual assault) for secretary of defense—to say nothing of others who've made headlines for similarly disturbing reasons—Senate Republicans are very much divided.

Keep ReadingShow less