Texas Attorney General’s Office fers to U.S. Supreme Court on gay marriage qutn

That Republin learship asked the state’s hight urt to take up another high-stak gay rights se — out of Hoton, like Lawrence – that’s bee an emblem of the state’s ntug culture wars. Though gay upl n now legally marry, the platiffs claim, they don’t have all the same rights as straight upl.

AFTER ROE, ARCHECT OF TEXAS ABORTN LAW SETS SIGHTS ON GAY MARRIAGE AND MOREJONATHAN MCHELL, THE FORMER SOLICOR GENERAL WHO HELPED WRE SENATE BILL 8, HAS OPENED A PRIVATE LAW FIRM TEXAS TO GO AFTER S OF HIGH-URT LGS.JONATHAN MCHELL, SHOWN A URTHOE SKETCH ARGUG BEFORE THE U.S. SUPREME COURT NOVEMBER 2021, IS THE FORMER SOLICOR GENERAL OF TEXAS. HE HAS OPENED UP A PRIVATE PRACTICE AT WH THE GOAL OF DISMANTLG URT LGS HE BELIEV WERE WRONGLY CID.(ART LIEN / ART LIEN)BY LREN MCGGHY5:01 AM ON JUL 3, 2022 CDTLISTENIF JONATHAN MCHELL WERE A IC BOOK CHARACTER, HE WOULD BE DRAWN HOLDG A LAWBOOK ONE HAND AND THE OTHER, A SLEDGEHAMMER.BT KNOWN AS THE ARCHECT BEHD SENATE BILL 8, THE STATE LAW THAT PUTIZ EVERYDAY TEXANS AS ABORTN BOUNTY HUNTERS, MCHELL HAS SPENT YEARS ARGUG THAT THE U.S. SUPREME COURT SHOULD REVERSE S CISN ROE VS. WA. HIS LEGAL THEORI AND URT S HELPED LAY THE GROUNDWORK ONTO WHICH THE LG ME TOPPLG DOWN.ADVERTISEMENTBUT AS THE RT OF THE UNTRY WAS BRACG FOR THE FALL OF ROE, MCHELL WAS ALREADY MOVG ON. SCE OPENG UP A ONE-MAN LEGAL SHOP AT FOUR YEARS AGO, HE HAS JUMPED HEADLONG TO MYRIAD OTHER LAWSUS OVER EVERYTHG OM THE NTRACEPTIVE MANDATE TO AFFIRMATIVE ACTN AND SAME-SEX MARRIAGE.ADVERTISEMENTMCHELL SAYS HIS GOAL IS TO SYSTEMATILLY DISMANTLE S OF LGS HE BELIEV PART OM THE LANGUAGE OF THE U.S. CONSTUTN OR THAT IMPOSE NSTUTNAL RIGHTS WH NO TEXTUAL BASIS. WH THE SUPREME COURT MOVG EVER MORE HIS WAY, THE S HE BRGS MAY BE A BELLWETHER FOR THE DIRECTN OF THE NATN’S LEGAL TABLISHMENT, AND, BY EXTENSN, THE NATN SELF.BREAKG NEWSGET THE LATT BREAKG NEWS OM NORTH TEXAS AND BEYOND.EMAIL ADDRSBY SIGNG UP YOU AGREE TO OUR TERMS OF SERVICE AND PRIVACY POLICYSUBMITIN A RARE TERVIEW, THE FORMER SOLICOR GENERAL OF TEXAS SISTED THAT UNRLYG HIS MISSN IS NOT RELIG BELIEF OR POLIL IOLOGY OR PERSONAL ANIM, BUT AN UNFLCHG NVICTN THAT FERAL URTS MT TERPRET THE CONSTUTN CLOSELY AND NNOT CLARE NEW RIGHTS NOT EXPLICLY AFFORD THAT DOCUMENT.MCHELL SE HIMSELF THE ROLE OF REEMER — NOT STROYER.ADVERTISEMENT“FOR S, THE SUPREME COURT HAS BEEN MAKG UP NSTUTNAL RIGHTS THAT ARE NOWHERE TO BE FOUND THE LANGUAGE OF THE DOCUMENT,” MCHELL, 45, TOLD THE DALLAS MORNG NEWS. “THE CISNS ARE LAWLS, AND THEY NEED TO BE UNRMED AND RISTED AT EVERY TURN UNTIL THE SUPREME COURT SE F TO OVERLE THEM.”BUT WHERE MCHELL SE HIMSELF AS A VOTEE TO THE LE OF LAW, HIS OPPONENTS TECT AN EXTREMIST. REGARD EVEN BY HIS HARSHT CRICS AS AN UNNIABLY SHARP LEGAL MD, THEY FLT HIM FOR, THEIR VIEWS, TENTNALLY DISMISSG PRECENT AND THE REAL-WORLD NSEQUENC OF HIS ACTNS AN EFFORT TO WIPE A NUMBER OF FUNDAMENTAL RIGHTS OM THE LAWBOOKS.A SHIFT TO TEXTUALISMWHEN MCHELL THREW HIS SUPPORT BEHD MISSISSIPPI’S 15-WEEK ABORTN BAN, THE SE THAT TOPPLED ROE, HE URGED THE SUPREME COURT NOT TO BE SQUEAMISH ABOUT OTHER LGS MIGHT KNOCK DOWN.ADVERTISEMENTINTERRACIAL MARRIAGE IS PROTECTED UNR FERAL CIVIL RIGHTS LAW EVEN THOUGH ’S NOT SPECIFILLY PRERVED THE CONSTUTN, MCHELL WROTE AN AMIC BRIEF THORED BY CHIGO LAW SCHOOL CHUM ADAM MORTARA. THE SAME ULD NOT BE SAID FOR “THE URT-VENTED RIGHTS TO HOMOSEXUAL BEHAVR AND SAME-SEX MARRIAGE,” THEY ARGUED.ADVERTISEMENTOBERGEFELL VS. HODG AND LAWRENCE VS. TEXAS, THE LGS THAT CLARED BANS ON GAY MARRIAGE AND GAY SEX AS UNNSTUTNAL, WERE “AS LAWLS” AS THE ABORTN LGS, THEY WROTE. IF ROE WERE TO BE OVERTURNED, MCHELL AND MORTARA ARGUED, THE URT SHOULD NOT HATE TO CLARE THAT THE OTHER LGS ARE LIKEWISE “HANGG BY A THREAD.”LAST MONTH, CLARENCE THOMAS SAID JT THAT.IN A NCURRG OPN SUPPORTG THE CISN TO OVERTURN ROE, THE NSERVATIVE JTICE LLED LAWRENCE AND OBERGEFELL “MONSTRABLY ERRONEO CISNS” WH NO BASIS THE CONSTUTN OR U.S. HISTORY. HE URGED HIS FELLOW JTIC TO “RENSIR” THEM.ADVERTISEMENTRELATED:IN ABORTN OPN, THOMAS URG SUPREME COURT TO ‘RENSIR’ GAY RIGHTS LGS THE JUDICIAL PHILOSOPHY UNRLYG THE CISN TO OVERTURN ROE IS LLED TEXTUALISM, A THEORY OF TERPRETATN THAT EMPHASIZ A PLA READG OF LEGAL DOCUMENTS BASED ON THEIR TEXT. MCHELL IS A STRONG ADHERENT.“IF A NSTUTNAL RIGHT IS NOT MENTNED THE NSTUTNAL TEXT, DON’T EXIST,” MCHELL SAID A WI-REACHG TERVIEW. “I DON’T RE HOW SIRABLE MAY SEEM AS A MATTER OF POLICY.”HIS RE BELIEF TEXTUALISM IS UNRSRED BY A NCEPT MCHELL ED HIMSELF LLED THE “WR OF ERASURE FALLACY.” COURTS, EVEN THE HIGHT THE LAND, N ONLY STOP CERTA LAWS OM BEG ENFORCED BY CERTA FENDANTS, HIS NCEPT DICTAT; THEY DO NOT HAVE THE POWER TO “ALTER OR ANNUL” THEM.ADVERTISEMENTTHIS MEANS MCHELL VIEWS NEARLY EVERY SUPREME COURT LG AS STRICTLY TEMPORAL — CISNS THAT N BE REVERSED IF THE RIGHT ARGUMENT IS MA ONT OF THE RIGHT SET OF JTIC. AND BY EXTENSN, ANY LAW THAT REMAS ON THE BOOKS, EVEN IF IS EMED UNNSTUTNAL BY THE HIGH URT, N BE REVIVED IF THE URT CHANG S MD.FOR EXAMPLE, TEXAS LEGISLATORS HAVE REFED TO REMOVE THE STATE’S BANS ON SAME-SEX TIMATE RELATNS AND GAY MARRIAGE AND OM THE LAWBOOKS EVEN THOUGH THEY’RE UNENFORCEABLE. AND LAST WEEK, ATTORNEY GENERAL KEN PAXTON ARGUED THAT ABORTNS SHOULD BE ILLEGAL TEXAS IMMEDIATELY BEE THE STATE NEVER REPEALED AN ABORTN BAN ENACTED 1925.JT SIX YEARS AGO, AT THE TIME OF ANTON SLIA’S ATH, THE MAJORY OF SUPREME COURT JTIC ADHERED TO AN TERPRETATN OF THE CONSTUTN THAT LOOKED AT AS A LIVG DOCUMENT AND RELIED MORE ON PRECENT. BUT THE URT HAS SHIFTED AND BEE MORE RECEPTIVE TO TEXTUALIST ARGUMENTS — EVEN LIBERAL JTICE ELENA KAGAN RECENTLY CLARED, “WE’RE ALL TEXTUALISTS NOW.”THIS SHIFT IS ONE BIG REASON MCHELL OPENED UP SHOP TEXAS. THIS IS THE MOMENT, HE BELIEV, TO PURSUE HIS GOAL OF TARGETG CISNS HE NSIRS BASED ON IMPROPER TERPRETATNS OF THE CONSTUTN. AND WH HIS EXPERIENCE THE STATE AND S FAVORABLE TAX LAWS, AT IS THE PLACE TO DO .ADVERTISEMENTTHE ROAD TO TEXASRAISED PENNSYLVANIA, MCHELL ATTEND WHEATON COLLEGE, WHICH BILLS SELF AS PREPARG STUNTS TO “MAKE AN IMPACT FOR CHRIST.” HE WENT ON TO STUDY LAW AT THE UNIVERSY OF CHIGO, WHERE HE GRADUATED WH HIGH HONORS.MORTARA, HIS LAW SCHOOL CLASSMATE, SCRIB HIS LONGTIME IEND AS “EPLY THOUGHTFUL” AND “MORAL,” A MAN LACKG EVEN ONE “UNKD CELL HIS BODY.” HE SISTS MCHELL HAS BEEN HORRIBLY MISCHARACTERIZED AS SOME KD OF A “WTBORO BAPTIST GUY” FIXATED ON TAKG AWAY PEOPLE’S RIGHTS.“HE IS VERY GENTLE,” MORTARA SAID. “HE IS EXTREMELY POLE AND RPECTFUL TO PEOPLE OF ALL BACKGROUNDS.”ADVERTISEMENTAT WHEATON, MCHELL MAJORED PUTER SCIENCE, AND IENDS SAY HE APPROACH LAW WH THE SAME LIBERATE FOC ONE MIGHT WHEN TKERG WH A MACHE. THEY THROW AROUND WORDS LIKE “GENI” AND “VISNARY” AND “NERD.” HE IS PUNCTIL, THEY SAY, UNPROMISG WHEN TO L AND NDUCT, AND WH A HEIGHTENED NCERN FOR MORALY AND S OF NDUCT.BY WAY OF EXAMPLE, ONE IEND OFFERED UP THE WAY MCHELL BILLS HIS HOURS. MOST LAWYERS SPL THEIR TIME ON THE CLOCK TO CREMENTS OF SIX MUT. MCHELL BREAKS HIS DOWN EVEN FURTHER TO ENSURE HE’S NOT OVERCHARGG CLIENTS.“HE’S A HAPPY WARRR,” SAID HIRAM SASSER, A LONGTIME IEND OF MCHELL’S AND EXECUTIVE GENERAL UNSEL OF THE NSERVATIVE LEGAL NONPROF FIRST LIBERTY INSTUTE. “HE’S A FORMIDABLE ALLY.”AFTER LAW SCHOOL, MCHELL CLERKED FOR J. MICHAEL LUTTIG AND SLIA. HE WAS THERE WHEN THE JTICE WROTE ONE OF HIS MOST MEMORABLE DISSENTS TO THE 2003 LAWRENCE LG CLARG TEXAS’ BAN ON GAY SEX UNNSTUTNAL.ADVERTISEMENTFROM 2010 TO 2015, MCHELL SERVED AS TEXAS’ CHIEF APPELLATE LAWYER UNR THEN-ATTORNEY GENERAL GREG ABBOTT. HE ARGUED ONT OF THE SUPREME COURT FOUR TIM AND FEND THE STATE’S LAWS AGAST SAME-SEX MARRIAGE AND ABORTN. A MEMBER OF THE NSERVATIVE LEGAL ANIZATN THE FERALIST SOCIETY, HE LATER TGHT LAW AT STANFORD AND THE UNIVERSY OF TEXAS AT AT.THEN-PRINT DONALD TMP NOMATED MCHELL TO HEAD THE ADMISTRATIVE CONFERENCE OF THE UNED STAT, AN AGENCY MEANT TO IMPROVE FERAL LEMAKG AND OTHER PROCS, BUT HE WAS NOT NFIRMED.IN 2018, AS TMP APPOTED HIS SEND OF THREE JTIC TO THE HIGH URT, MCHELL OPENED HIS OWN FIRM AT. IT’S THE FIRST TIME HE’S BEEN PRIVATE PRACTICE.MCHELL HAS THROWN HIMSELF HEADLONG TO THE ABORTN FIGHT TEXAS. HE HELPED DRAFT CY ORDANC THAT SOUGHT TO OUTLAW ABORTN AT THE LOL LEVEL AND HAD A HAND CRAFTG SENATE BILL 8, WHICH EMPOWERS PRIVATE CIZENS TO SUE ANYONE WHO “AIDS OR ABETS” AN ABORTN FOR UP TO $10,000.ADVERTISEMENTTHE BILL, WHICH SENTIALLY BANS ABORTN AFTER ABOUT SIX WEEKS, BEME LAW SEPTEMBER. IT WAS TTED BY THE SUPREME COURT AND ALLOWED TO STAY PLACE.SENATE BILL 8 IS NOW NSIRED MOL LEGISLATN BY OTHER RED STAT THAT MAY E TO PUTIZE THEIR CIZENS TO ENFORCE OTHER NSERVATIVE LAWS. MCHELL’S ROLE CRAFTG THE LEGISLATN TAPULTED HIM TO THE NATNAL SPOTLIGHT.BUT MCHELL HARDLY EVER SPEAKS TO THE MEDIA. HE DON’T APPEAR TO HAVE ANY SOCIAL MEDIA PRENCE. THERE ARE ONLY A HANDFUL OF PHOTOS OF HIM ONLE AND HE WOULD NOT NSENT TO A PORTRA FOR THIS STORY. EVEN WHEN SENATE BILL 8 WAS PASSED TO LAW, HE WASN’T AT THE PUBLIC SIGNG CEREMONY.MCHELL, MARRIED WH CHILDREN, SAYS HE DO NOT HAVE TIME FOR HOBBI AND SE NO NEED TO SEEK THE LIMELIGHT. HIS FIRM DON’T ISSUE NEWS RELEAS WHEN FIL NEW S OR MARKS A W.ADVERTISEMENTTHE PAYOFF THE VICTORY SELF.GAY MARRIAGE SWHILE MCHELL VALU HIS PRIVACY, HIS WORK NOW APPEARS TO BE EVERYWHERE.HE HAS HIS HANDS S OM CALIFORNIA TO NEW YORK VOLVG SUCH DISPARATE NCEPTS AS REDISTRICTG, SUBSIDI FOR BLACK FARMERS AND RELIG LIBERTY. WHILE THERE ARE A HANDFUL OF NSERVATIVE NONPROF LAW FIRMS PURSUG SIAR S, WH WHOM MCHELL AT TIM WORKS TANM, HE SE HIMSELF AS STEPPG TO A VOID WHERE OTHER PRIVATE ATTORNEYS RARELY DARE TO VENTURE.ADVERTISEMENT“THE BIG LAW FIRMS WON’T TOUCH THIS STUFF. SO SOMETIM FEELS AS THOUGH I HAVE THE FIELD TO MYSELF,” MCHELL SAID.AT LEAST TWO OF THE ROUGHLY 50 S HE IS PURSUG VOLVE SAME-SEX MARRIAGE.IN BOTH, MCHELL ARGU THAT ERNMENT EMPLOYE WH THE POWER TO PERFORM MARRIAG TEXAS SHOULD BE ABLE TO RECE THEMSELV OM PERFORMG GAY WEDDGS DUE TO RELIG BELIEFS. ONE OF THE S, WHICH IS AWAG A CISN OM THE FIFTH CIRCU COURT OF APPEALS, PROVIS A PREVIEW OF HOW MCHELL WOULD ARGUE FOR THE REVERSAL OF OBERGEFELL.IN A BRIEF FILED JUNE 2020, MCHELL ARGUED THAT OBERGEFELL IMPROPERLY “SUBORDAT” STATE LAW TO “THE POLICY PREFERENC OF UNELECTED JUDG.”ADVERTISEMENT“THERE IS NO NSTUTNAL RIGHT TO SAME-SEX MARRIAGE,” MCHELL ARGUED ON BEHALF OF HIS CLIENT, A UNTY JUDGE WHO ARGU THAT HIS CHRISTIAN FAH PROHIBS HIM OM MARRYG GAY UPL. MCHELL ADD: “THE FERAL JUDICIARY HAS NO THORY TO REGNIZE OR VENT ‘FUNDAMENTAL’ NSTUTNAL RIGHTS.”RELATED:IF ROE V. WA FALLS, ARE LGBT RIGHTS NEXT? THAT’S WHY THEIR AMIC THE ABORTN SE THAT OVERTURNED ROE WAS PURPOSEFULLY PROVOTIVE — PART TO MAKE MISSISSIPPI’S ARGUMENTS APPEAR MORE MORATE PARISON AND TO GIVE THE HIGH URT THE FORTU TO CLARE THAT THE RIGHTS HAD NO BASIS THE CONSTUTN.“WE WANTED TO SHOW THE JTIC THAT THE ENTIRE EDIFICE OF URT-VENTED RIGHTS SHOULD BE REJECTED, BEE MANY OF THOSE RIGHTS [SUCH AS THE RIGHTS TO NTRACEPTN AND TERRACIAL MARRIAGE] ARE PROTECTED BY OTHER SOURC OF FERAL LAW, SO THERE IS NOTHG TO FEAR OM REPUDIATG THE SUPPOSED NSTUTNAL BASIS FOR THOSE RIGHTS,” HE SAID.ADVERTISEMENTDPE THE S, MCHELL SAID HE IS NOT TRYG TO “DISMANTLE” GAY MARRIAGE.IF STATE LEGISLATUR WANT TO PASS LAWS LEGALIZG , THEY N, HE SAID. BUT UNTIL THE CONSTUTN IS AMEND TO CLU THE RIGHT TO SAME-SEX MARRIAGE, HE ARGU THAT THE SUPREME COURT WRONGLY CID THIS ISSUE AND THE LG IS PLAY.WHEN ASKED ABOUT HIS PERSONAL VIEWS ON THE MATTER, MCHELL SAID HE NSIRS THE POLICY TO BE “A MUCH CLOSER QUTN” THAN WHETHER SAME-SEX MARRIAGE IS A NSTUTNAL RIGHT.“I’M A FORMALIST AND LEGALIST BY ORIENTATN,” HE SAID. “POLICY CISNS ARE FOR THE POLIL BRANCH TO SORT OUT.”ADVERTISEMENTOPPONENTS SAY

“That almost sual dismissal of the rights of gay people was characteristic of Texas urts before Lawrence, and appears to be characteristic of Texas state urts now, ” said Dale Carpenter, a Southern Methodist Universy law profsor who wrote a book on the Lawrence lg.

APPEALS JUDG RAISE DOUBTS ON GAY MARRIAGE BAN

Smh expects he’ll spend next ssn on the fense agast measur like that one, as well as a slate of “relig refal” bills, which allow dividuals claimg “scere relig beliefs” to ny certa servic or products to gay upl. Gay upl are terviewed by media while standg le to register for a marriage license on Friday, June 26, 2015 at the Dallas County Rerds Buildg Dallas, Texas.

Supreme Court legalized gay marriage natnwi that year, a number of qutns rema regardg how and when private bs, ernments and dividuals mt regnize the unns.

Supreme Court se legalizg gay marriage appli to private March 8, opn mtee chair Virgia K. ”Breakg NewsGet the latt breakg news om North Texas and lawsu pendg before the Supreme Court volv Denver-area graphic artist Lori Smh, who says she do not want to create webs for gay weddgs due to her Christian beliefs. Colorado law bans bs om discrimatg agast gay people.

TEXAS ATTORNEY GENERAL KEN PAXTON WON'T FEND STATE AGENCY GAY MARRIAGE SE

“Siar to your qutn, the petner asks the Court whether the law n require her, as a private cizen, to regnize same sex marriag as she pursu her livelihood, ” said Hoelscher, who add that Whe n file his requt aga if his qutns are still unanswered after the high urt was unsurprised by the rponse, and told The News that the Supreme Court se shows the issue of whether private cizens need to regnize gay unns is “still open for discsn. But legislators never removed the state’s unenforceable law outlawg gay unns, or another statute the urt stck down 2003 banng gay sexual Supreme Court will likely have oral argument at the end of the year the Colorado se, wh an opn probable next LattMost Popular on DallasNews. Their brief refers to "urt-vented rights to homosexual behavr and same-sex marriage" and says, "The 'rights, ' like the right to abortn om Roe, are judicial nctns, and there is no other source of law that n be voked to salvage their existence.

The same uld not be said for “the urt-vented rights to homosexual behavr and same-sex marriage, ” they argued.

Appeals Judg Raise Doubts on Gay Marriage Ban | The Texas Tribune

Recent Posts

Tags

Contents:

TEXAS JUDGE FIGHTS TO NY WEDDG CEREMONI TO GAY UPL

JUDGE US SUPREME COURT’S GAY WEDDG WEBSE RULG FOR HER OWN ANTI-LGBTQ LAWSU

FIFTEEN YEARS AFTER LANDMARK GAY RIGHTS SE, SAME-SEX UPL TEXAS STILL FACE CHALLENG URT