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

Pete Hegseth
Chip Somodevilla/Getty Images

Hegseth Dragged After Report Reveals He Demanded His Own Makeup Studio At Pentagon

Hating drag queens and insisting on traditional gender roles is a Republican article of faith at this point.

So why is far-right MAGA Secretary of Defense Pete Hegseth, who has tried to kick trans people out of the military, demanding that a makeup studio be added to the Pentagon press briefing room for him?

Keep Reading Show less
Backstreet Boys' Brian Littrell Pens Poignant Message After Son's 'American Idol' Elimination
John Parra/Getty Images; American Idol/Youtube

Backstreet Boy's Son Out

Proud dad and Backstreet Boy Brian Littrell replied to his son Baylee Littrell’s heartwarming goodbye post from this season’s American Idol.

22-year-old Baylee’s idol journey came to a close on Monday when he was cut from the Top 14 round.

Keep Reading Show less
Michelle Obama
Suzanne Cordeiro/AFP via Getty Images

Michelle Obama Opens Up About Why She Skipped Trump's Inauguration—And The 'Ridicule' She Faced

Former First Lady Michelle Obama attended the 2017 inauguration of former and current MAGA Republican President Donald Trump. But in 2025, after Trump's failed coup attempt and ramping up of White supremacist and Christian nationalist rhetoric, former Democratic President Barack Obama attended the second Trump inauguration solo.

While many speculated on why, Michelle Obama stayed relatively mum.

Keep Reading Show less
Nancy Mace; Ely Murray-Quick
Tom Williams/CQ-Roll Call, Inc via Getty Images; @NancyMace/X

Man Who Nancy Mace Accused Of 'Harassing' Her In Ulta Store Speaks Out

South Carolina MAGA Republican Representative Nancy Mace—whose entire brand seems to be attacking people and then crying victim—is being exposed once again for embellishing reality to further her anti-LGBTQ+ agenda.

On April 19, Mace posted a video of her yelling obscenities at a constituent on her social media and later pinning it to the top of her feed. But like many who live in red districts, the man just wanted to know when Mace would hold a town hall to speak to voters.

Keep Reading Show less