AUSTIN — In the wake of the topplg of Roe vs. Wa and wh Jtice Clarence Thomas urgg the U.S. Supreme Court to revis lgs on gay sex and marriage, ...
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- TEXAS JUDGE FIGHTS TO NY WEDDG CEREMONI TO GAY UPL
- TEXAS GOP'S NEW PLATFORM LLS GAY PEOPLE 'ABNORMAL' AND REJECTS TRANS INTI
- 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
- SIX TEXAS LAWSUS TARGET GAY MARRIAGE, LGBT RIGHTS AFTER THE FALL OF ROE V. WAJONATHAN MCHELL, THE LAWYER WHO HELPED WRE THE ABORTN BOUNTY LAW, IS BEHD SEVERAL S THAT ULD ADVERSELY AFFECT LGBT RIGHTS. THE CY OF DALLAS' PRI FLAG (RIGHT) FLI ALONGSI THE TEXAS AND U.S. FLAGS OUTSI OF CY HALL DOWNTOWN DALLAS, THURSDAY, JUNE 18, 2020 HONOR OF PRI MONTH. TEXAS IS POISED TO BEE A BATTLEGROUND FOR LGBT RIGHTS, AS NO FEWER THAN A HALF DOZEN LAWSUS ON THE ISSUE HAVE BEEN FILED BY THE STATE'S FORMER SOLICOR GENERAL OVER THE ISSUE RECENT YEARS. (TOM FOX/THE DALLAS MORNG NEWS)(TOM FOX / STAFF PHOTOGRAPHER)BY LREN MCGGHY7:00 AM ON JUL 21, 2022 CDTLISTENAUSTIN — IN THE WAKE OF THE TOPPLG OF ROE VS. WA AND WH JTICE CLARENCE THOMAS URGG THE U.S. SUPREME COURT TO REVIS LGS ON GAY SEX AND MARRIAGE, TEXAS IS THE STAGE FOR SEVERAL LAWSUS ALG WH LGBT RIGHTS.RIGHT NOW, A HALF DOZEN S ON EVERYTHG OM SURANCE VERAGE FOR HIV PREVENTN TO EMPLOYMENT DISCRIMATN AND SAME-SEX MARRIAGE ARE WENDG THEIR WAY THROUGH STATE AND FERAL URTS HERE. THEIR OUT ULD RADILLY ALTER RIGHTS FOR LBIAN, GAY, BISEXUAL AND TRANSGENR PEOPLE TEXAS AND ACROSS THE UNTRY.ADVERTISEMENTTHE LAWSUS ALL HAVE ONE THG MON: FORMER TEXAS SOLICOR GENERAL JONATHAN MCHELL.ADVERTISEMENTBT KNOWN AS THE MAN BEHD THE STATE LAW THAT ALLOWS TEXANS TO FILE CIVIL LAWSUS AGAST PEOPLE WHO HELP PREGNANT PEOPLE GET ABORTNS, MCHELL OPENED UP A LAW FIRM AT FOUR YEARS AGO WH THE GOAL OF SYSTEMATILLY DISMANTLG S OF URT LGS HE BELIEV PART OM THE U.S. CONSTUTN.BREAKG NEWSGET THE LATT BREAKG NEWS OM NORTH TEXAS AND BEYOND.EMAIL ADDRSBY SIGNG UP YOU AGREE TO OUR TERMS OF SERVICE AND PRIVACY POLICYSUBMITTHE DALLAS MORNG NEWS IS TRACKG SIX OF HIS S THAT ORIGATED TEXAS AND AL WH LGBT RIGHTS. HERE’S A SUMMARY OF EACH SE.RELATED:AFTER ROE, ARCHECT OF TEXAS ABORTN LAW SETS SIGHTS ON GAY MARRIAGE AND MOREADVERTISEMENTGAY MARRIAGEDIANNE HENSLEY VS. STATE COMMISSN ON JUDICIAL CONDUCT (THIRD COURT OF APPEALS)BRIAN KEH UMPHRS VS. DAVID HALL, ET AL. (NORTHERN DISTRICT OF TEXAS)ADVERTISEMENTSUMMARY: BOTH OF THE S WERE BROUGHT BY TEXAS OFFICIALS WH THE THORY TO PERFORM WEDDGS BUT WHO DO NOT WANT TO OFFER MARRIAG TO SAME-SEX UPL BEE THEY SAY VLAT THEIR RELIG BELIEFS.ADVERTISEMENTONE SE STATE URT, FILED BY MCLENNAN COUNTY JTICE OF THE PEACE DIANNE HENSELY, ARGU THAT MARRIAGE OFFICIANTS WHO ARE ERNMENT OFFICIALS SHOULD BE ABLE TO RECE THEMSELV OM PERFORMG CEREMONI FOR GAY UPL IF THE UPL HAVE A VIABLE ALTERNATIVE OPTN TO BE WED. THE OTHER SE, FERAL URT AND FILED BY JACK COUNTY JUDGE BRIAN KEH UMPHRS, MAK A SIAR ARGUMENT.BUT THE UMPHRS SE GO FURTHER, ARGUG THAT THE U.S. SUPREME COURT ERRED WHEN CLARED GAY MARRIAGE BANS UNNSTUTNAL 2015. IT URG THE URT TO REVIS THAT CISN.“THERE IS NO NSTUTNAL RIGHT TO SAME-SEX MARRIAGE,” THE UMPHRS SE READS. “THE FERAL JUDICIARY HAS NO THORY TO REGNIZE OR VENT ‘FUNDAMENTAL’ NSTUTNAL RIGHTS.”ADVERTISEMENTUMPHRS’ SE IS AWAG A CISN OM THE FERAL APPEALS URT. HENSLEY’S SE IS BEFORE A STATE APPEALS URT AT.OTHER ACTORS: CHAD AND DTY FILLMORE OF FORT WORTH ARE ALSO LISTED AS LAWYERS FOR UMPHRS, AS ARE LAWYERS OM THE PLANO-BASED CHRISTIAN NONPROF LAW FIRM FIRST LIBERTY INSTUTE AND JACKSBORO-BASED FIRM SPILLER & SPILLER.POTENTIAL EFFECTS: IF MCHELL WS EHER SE, ERNMENTAL OFFICIALS WHO ARE MARRIAGE OFFICIANTS WOULD BE ABLE TO WED ONLY OPPOSE-SEX UPL. IF THE UMPHRS SE PROCEEDS, THE QUTN OF SAME-SEX MARRIAGE ULD AGA END UP BEFORE THE SUPREME COURT. IN HIS NCURRG OPN THE CISN OVERTURNG ROE LAST MONTH, CLARENCE THOMAS URGED HIS FELLOW JTIC TO TAKE UP THE ISSUE IF A SE QUTNG THE NSTUTNAL RIGHT TO GAY MARRIAGE PRENTS SELF.RELATED:IF ROE V. WA FALLS, ARE LGBT RIGHTS NEXT? ADVERTISEMENTINSURANCE MANDAT
- QUTN ON GAY MARRIAGE HAS ADVOT, EXPERTS ASKG: WHAT DO THIS TEXAS LAWMAKER WANT?GOP STATE REP. JAM WHE’S REQUT FOR OPN ED A STIR ON SOCIAL MEDIA, BAFFLG NSTUTNAL SCHOLARS AND ANGERG GAY RIGHTS ADVOT. WHE IS NNG FOR STATEWI OFFICE.REP. JAM WHE, R-HILLISTER, SPEAKS DURG A PRS NFERENCE HELD BY TEXAS PRISONS AIR-CONDNG ADVOT ON TUDAY, MARCH 12, 2019 AT THE JOHN H REAGAN STATE OFFICE BUILDG AT. WHE, WHO IS NNG THE GOP PRIMARY FOR AGRICULTURE MISSNER, LAST WEEK ASKED THE ATTORNEY GENERAL WHETHER PRIVATE CIZENS NEED TO REGNIZE SAME-SEX MARRIAG.(ASHLEY LANDIS / STAFF PHOTOGRAPHER)BY SAMI SPARBER AND LREN MCGGHY5:30 AM ON OCT 27, 2021 CDTLISTENAUSTIN — DO PRIVATE CIZENS TEXAS NEED TO REGNIZE GAY MARRIAG?THAT’S THE QUTN REP. JAM WHE, A REPUBLIN LAWMAKER NNG FOR STATEWI OFFICE, ASKED THE ATTORNEY GENERAL LAST WEEK. WHE’S REQUT FOR OPN ED A STIR ON SOCIAL MEDIA, BAFFLG NSTUTNAL SCHOLARS AND ANGERG GAY RIGHTS ADVOT.ADVERTISEMENTMORE THAN SIX YEARS AFTER THE U.S. SUPREME COURT LEGALIZED GAY MARRIAGE NATNWI OBERGEFELL VS. HODG — AND WH FEW OTHER PROTECTNS FOR LGBTQ TEXANS — THEY WONRED, WHAT EXACTLY IS WHE’S POT?ADVERTISEMENTEXPERTS SAID THEY DIDN’T THK WHE’S REQUT WOULD HAVE ANY IMPACT ON CURRENT LAW, CHALKG UP TO POLIL POSTURG AHEAD OF A NSERVATIVE PRIMARY RACE. IT MAY BE PART OF A NSERVATIVE TREND TO LEAVE UNENFORCEABLE LAWS ON THE BOOKS SE THE LGS ARE REVERSED.POLIL POTSGET THE LATT POLICS NEWS OM NORTH TEXAS AND BEYOND.EMAIL ADDRSBY SIGNG UP YOU AGREE TO OUR TERMS OF SERVICE AND PRIVACY POLICYSUBMITTHE 2015 OBERGEFELL CISN MA THE BAN ON SAME SEX-MARRIAGE TEXAS AND 12 OTHER STAT UNENFORCEABLE. BUT LAWMAKERS HAVE NEVER REMOVED THE LANGUAGE, WHICH VOTERS ENSHRED THE TEXAS CONSTUTN 2005. IN AN TERVIEW WH THE DALLAS MORNG NEWS, WHE SAID HE IS NOT ASKG ATTORNEY GENERAL KEN PAXTON TO REJECT THE URT’S LG ON GAY MARRIAGE.“SOME PEOPLE WERE SAYG, ‘OH HE’S ASKG TO SEE IF OBERGEFELL IS APPLIBLE TO TEXAS,’” WHE SAID. “NO, I’M NOT SAYG THAT. IT IS APPLIBLE TO TEXAS — AS APPLI TO ERNMENT OFFICIALS REGNIZG DIFFERENT MARRIAGE NSTCTS.”ADVERTISEMENTHE ADD: “BUT HOW DO APPLY TO PRIVATE CIZENS?”WHE DID NOT HAVE AN EXAMPLE FOR WHAT SUATN HE SEEKS TO ADDRS NOR DID HE SAY A SPECIFIC CINT SPURRED HIM TO ASK THE QUTN AT THIS TIME.ADVERTISEMENTHE MENTNED THE RIGHTS OF CLERGY TO REJECT GAY UNNS — BUT SAID THAT IS NOT THE SOLE REASON HE FILED THIS REQUT. THEN HE WAVED OFF — BUT DID NOT PLETELY REJECT — THAT HE WANTS THE ATTORNEY GENERAL TO WEIGH ON WHETHER BS N NY SERVIC TO SAME-SEX UPL.ADVERTISEMENT“I DON’T KNOW IF BS ARE PRIVATE CIZENS,” WHE SAID, WHILE ACKNOWLEDGG THEY MAY BE OWNED OR N BY PRIVATE CIZENS. “MAYBE A PRIVATE CIZEN ULD BE SOMEONE WHO SAYS THEY’RE A PREACHER. ... IT ULD BE A CHURCH AN BOARD.”WHE SAID HILLISTER BAPTIST CHURCH, WHERE HE ATTEND UNTIL RECENTLY, CHECKED S BYLAWS AFTER THE SUPREME COURT LG TO MAKE SURE FED MARRIAGE A WAY THAT WAS “NSISTENT WH CHURCH DOCTRE.”LEGAL TO TURN AWAY CTOMERS
- JUDGE US SUPREME COURT’S GAY WEDDG WEBSE RULG FOR HER OWN ANTI-LGBTQ LAWSU
- GAY MARRIAGE
TEXAS JUDGE FIGHTS TO NY WEDDG CEREMONI TO GAY UPL
McLennan County Jtice of the Peace Dianne Hensley filed a lawsu after a state agency warned her about refg to marry gay upl. She hop a recent U.S. Supreme Court se about relig eedom helps her e. * texas for gay marriage *
Acrdg to the Texas judicial missn’s 2019 warng, Hensley referred gay upl who wanted her to pri over their marriage ceremony to other people who would officiate. In that lg, Jtice Clarence Thomas wrote a ncurrg opn that the urt should nsir reversg lgs that said was unnstutnal for stat to ban same-sex marriage, crimalize homosexualy and rtrict accs to ntraceptn, alarmg Democrats. The state GOP has also nmned same-sex marriage every one of s biennial platforms, and this year’s platform clud a plank that said “homosexualy is an abnormal liftyle choice.
Hodg that stat n’t ban same-sex marriag, clarg that gay, lbian and bisexual Amerins have a nstutnal right to marry.
TEXAS GOP'S NEW PLATFORM LLS GAY PEOPLE 'ABNORMAL' AND REJECTS TRANS INTI
* texas for gay marriage *
The bill would not force stat that currently have unenforceable bans on same-sex marriage, like Texas, to offer marriage certifit to gay, lbian and bisexual upl if Obergefell is overturned. Cornyn told reporters on Tuday that he would not support the bill bee gay marriage “is already a Constutnal right. Wa, amid fears that the urt might rensir nstutnal protectns for gay marriage.
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
The Texas Republin Party unveiled s official posn on LGBTQ issu over the weekend, fg homosexualy as an "abnormal liftyle choice" and also opposg "all efforts to validate transgenr inty. "Thoands of Republin activists met at the party’s biennial nventn Hoton on Saturday to agree to the party's platform on a range of issu, cludg the rejectn of the 2020 electn rults and a ll to repeal of the 1965 Votg Right Act, which was enacted to prevent discrimatn agast Black a sectn tled "Homosexualy and genr issu, " the party suggted that LGBTQ people should not be legally protected om discrimatn and that beg gay or trans is a choice. "Homosexualy is an abnormal liftyle choice, " the 40-page rolutn reads.
SIX TEXAS LAWSUS TARGET GAY MARRIAGE, LGBT RIGHTS AFTER THE FALL OF ROE V. WAJONATHAN MCHELL, THE LAWYER WHO HELPED WRE THE ABORTN BOUNTY LAW, IS BEHD SEVERAL S THAT ULD ADVERSELY AFFECT LGBT RIGHTS. THE CY OF DALLAS' PRI FLAG (RIGHT) FLI ALONGSI THE TEXAS AND U.S. FLAGS OUTSI OF CY HALL DOWNTOWN DALLAS, THURSDAY, JUNE 18, 2020 HONOR OF PRI MONTH. TEXAS IS POISED TO BEE A BATTLEGROUND FOR LGBT RIGHTS, AS NO FEWER THAN A HALF DOZEN LAWSUS ON THE ISSUE HAVE BEEN FILED BY THE STATE'S FORMER SOLICOR GENERAL OVER THE ISSUE RECENT YEARS. (TOM FOX/THE DALLAS MORNG NEWS)(TOM FOX / STAFF PHOTOGRAPHER)BY LREN MCGGHY7:00 AM ON JUL 21, 2022 CDTLISTENAUSTIN — IN THE WAKE OF THE TOPPLG OF ROE VS. WA AND WH JTICE CLARENCE THOMAS URGG THE U.S. SUPREME COURT TO REVIS LGS ON GAY SEX AND MARRIAGE, TEXAS IS THE STAGE FOR SEVERAL LAWSUS ALG WH LGBT RIGHTS.RIGHT NOW, A HALF DOZEN S ON EVERYTHG OM SURANCE VERAGE FOR HIV PREVENTN TO EMPLOYMENT DISCRIMATN AND SAME-SEX MARRIAGE ARE WENDG THEIR WAY THROUGH STATE AND FERAL URTS HERE. THEIR OUT ULD RADILLY ALTER RIGHTS FOR LBIAN, GAY, BISEXUAL AND TRANSGENR PEOPLE TEXAS AND ACROSS THE UNTRY.ADVERTISEMENTTHE LAWSUS ALL HAVE ONE THG MON: FORMER TEXAS SOLICOR GENERAL JONATHAN MCHELL.ADVERTISEMENTBT KNOWN AS THE MAN BEHD THE STATE LAW THAT ALLOWS TEXANS TO FILE CIVIL LAWSUS AGAST PEOPLE WHO HELP PREGNANT PEOPLE GET ABORTNS, MCHELL OPENED UP A LAW FIRM AT FOUR YEARS AGO WH THE GOAL OF SYSTEMATILLY DISMANTLG S OF URT LGS HE BELIEV PART OM THE U.S. CONSTUTN.BREAKG NEWSGET THE LATT BREAKG NEWS OM NORTH TEXAS AND BEYOND.EMAIL ADDRSBY SIGNG UP YOU AGREE TO OUR TERMS OF SERVICE AND PRIVACY POLICYSUBMITTHE DALLAS MORNG NEWS IS TRACKG SIX OF HIS S THAT ORIGATED TEXAS AND AL WH LGBT RIGHTS. HERE’S A SUMMARY OF EACH SE.RELATED:AFTER ROE, ARCHECT OF TEXAS ABORTN LAW SETS SIGHTS ON GAY MARRIAGE AND MOREADVERTISEMENTGAY MARRIAGEDIANNE HENSLEY VS. STATE COMMISSN ON JUDICIAL CONDUCT (THIRD COURT OF APPEALS)BRIAN KEH UMPHRS VS. DAVID HALL, ET AL. (NORTHERN DISTRICT OF TEXAS)ADVERTISEMENTSUMMARY: BOTH OF THE S WERE BROUGHT BY TEXAS OFFICIALS WH THE THORY TO PERFORM WEDDGS BUT WHO DO NOT WANT TO OFFER MARRIAG TO SAME-SEX UPL BEE THEY SAY VLAT THEIR RELIG BELIEFS.ADVERTISEMENTONE SE STATE URT, FILED BY MCLENNAN COUNTY JTICE OF THE PEACE DIANNE HENSELY, ARGU THAT MARRIAGE OFFICIANTS WHO ARE ERNMENT OFFICIALS SHOULD BE ABLE TO RECE THEMSELV OM PERFORMG CEREMONI FOR GAY UPL IF THE UPL HAVE A VIABLE ALTERNATIVE OPTN TO BE WED. THE OTHER SE, FERAL URT AND FILED BY JACK COUNTY JUDGE BRIAN KEH UMPHRS, MAK A SIAR ARGUMENT.BUT THE UMPHRS SE GO FURTHER, ARGUG THAT THE U.S. SUPREME COURT ERRED WHEN CLARED GAY MARRIAGE BANS UNNSTUTNAL 2015. IT URG THE URT TO REVIS THAT CISN.“THERE IS NO NSTUTNAL RIGHT TO SAME-SEX MARRIAGE,” THE UMPHRS SE READS. “THE FERAL JUDICIARY HAS NO THORY TO REGNIZE OR VENT ‘FUNDAMENTAL’ NSTUTNAL RIGHTS.”ADVERTISEMENTUMPHRS’ SE IS AWAG A CISN OM THE FERAL APPEALS URT. HENSLEY’S SE IS BEFORE A STATE APPEALS URT AT.OTHER ACTORS: CHAD AND DTY FILLMORE OF FORT WORTH ARE ALSO LISTED AS LAWYERS FOR UMPHRS, AS ARE LAWYERS OM THE PLANO-BASED CHRISTIAN NONPROF LAW FIRM FIRST LIBERTY INSTUTE AND JACKSBORO-BASED FIRM SPILLER & SPILLER.POTENTIAL EFFECTS: IF MCHELL WS EHER SE, ERNMENTAL OFFICIALS WHO ARE MARRIAGE OFFICIANTS WOULD BE ABLE TO WED ONLY OPPOSE-SEX UPL. IF THE UMPHRS SE PROCEEDS, THE QUTN OF SAME-SEX MARRIAGE ULD AGA END UP BEFORE THE SUPREME COURT. IN HIS NCURRG OPN THE CISN OVERTURNG ROE LAST MONTH, CLARENCE THOMAS URGED HIS FELLOW JTIC TO TAKE UP THE ISSUE IF A SE QUTNG THE NSTUTNAL RIGHT TO GAY MARRIAGE PRENTS SELF.RELATED:IF ROE V. WA FALLS, ARE LGBT RIGHTS NEXT? ADVERTISEMENTINSURANCE MANDAT
"We believe there should be no grantg of special legal entlements or creatn of special stat for homosexual behavr, regardls of state of orig, and we oppose any crimal or civil penalti agast those who oppose homosexualy out of fah, nvictn, or belief tradnal valu. "The Texas Republin Party blocked the Log Cab Republins, a longstandg group of gay nservativ — which also supports many of the party’s anti-LGBTQ polici — om havg a booth at Saturday's nventn.
"The party's new official stance on sexual orientatn and genr inty also cis wh a recent natnwi surge charged rhetoric om media punds and policians about LGBTQ recent months, nservative lawmakers, televisn punds and other public figur have acced opponents of a newly enacted Florida tn legislatn — which crics have dubbed the “Don’t Say Gay” law — of tryg to “groom” or “doctrate” children. The word “groomg” has long been associated wh mischaracterizg LGBTQ people, particularly gay men and transgenr women, as child sex abers. Legislative lears TX issued an opn statg legalized gay marriage shouldn't be permted the Lone Star State bee they feel state law tmps the SCOTUS lg Obergefell v Hodg.
\n\nLegislative lears TX issued an opn statg legalized gay marriage shouldn\u2019t be permted the Lone Star State bee they feel state law tmps the SCOTUS lg Obergefell v Hodg. Requir private cizens to regnize homosexual marriag when the law of Texas ntu to fe marriage exclively as the unn of one man and one woman.
QUTN ON GAY MARRIAGE HAS ADVOT, EXPERTS ASKG: WHAT DO THIS TEXAS LAWMAKER WANT?GOP STATE REP. JAM WHE’S REQUT FOR OPN ED A STIR ON SOCIAL MEDIA, BAFFLG NSTUTNAL SCHOLARS AND ANGERG GAY RIGHTS ADVOT. WHE IS NNG FOR STATEWI OFFICE.REP. JAM WHE, R-HILLISTER, SPEAKS DURG A PRS NFERENCE HELD BY TEXAS PRISONS AIR-CONDNG ADVOT ON TUDAY, MARCH 12, 2019 AT THE JOHN H REAGAN STATE OFFICE BUILDG AT. WHE, WHO IS NNG THE GOP PRIMARY FOR AGRICULTURE MISSNER, LAST WEEK ASKED THE ATTORNEY GENERAL WHETHER PRIVATE CIZENS NEED TO REGNIZE SAME-SEX MARRIAG.(ASHLEY LANDIS / STAFF PHOTOGRAPHER)BY SAMI SPARBER AND LREN MCGGHY5:30 AM ON OCT 27, 2021 CDTLISTENAUSTIN — DO PRIVATE CIZENS TEXAS NEED TO REGNIZE GAY MARRIAG?THAT’S THE QUTN REP. JAM WHE, A REPUBLIN LAWMAKER NNG FOR STATEWI OFFICE, ASKED THE ATTORNEY GENERAL LAST WEEK. WHE’S REQUT FOR OPN ED A STIR ON SOCIAL MEDIA, BAFFLG NSTUTNAL SCHOLARS AND ANGERG GAY RIGHTS ADVOT.ADVERTISEMENTMORE THAN SIX YEARS AFTER THE U.S. SUPREME COURT LEGALIZED GAY MARRIAGE NATNWI OBERGEFELL VS. HODG — AND WH FEW OTHER PROTECTNS FOR LGBTQ TEXANS — THEY WONRED, WHAT EXACTLY IS WHE’S POT?ADVERTISEMENTEXPERTS SAID THEY DIDN’T THK WHE’S REQUT WOULD HAVE ANY IMPACT ON CURRENT LAW, CHALKG UP TO POLIL POSTURG AHEAD OF A NSERVATIVE PRIMARY RACE. IT MAY BE PART OF A NSERVATIVE TREND TO LEAVE UNENFORCEABLE LAWS ON THE BOOKS SE THE LGS ARE REVERSED.POLIL POTSGET THE LATT POLICS NEWS OM NORTH TEXAS AND BEYOND.EMAIL ADDRSBY SIGNG UP YOU AGREE TO OUR TERMS OF SERVICE AND PRIVACY POLICYSUBMITTHE 2015 OBERGEFELL CISN MA THE BAN ON SAME SEX-MARRIAGE TEXAS AND 12 OTHER STAT UNENFORCEABLE. BUT LAWMAKERS HAVE NEVER REMOVED THE LANGUAGE, WHICH VOTERS ENSHRED THE TEXAS CONSTUTN 2005. IN AN TERVIEW WH THE DALLAS MORNG NEWS, WHE SAID HE IS NOT ASKG ATTORNEY GENERAL KEN PAXTON TO REJECT THE URT’S LG ON GAY MARRIAGE.“SOME PEOPLE WERE SAYG, ‘OH HE’S ASKG TO SEE IF OBERGEFELL IS APPLIBLE TO TEXAS,’” WHE SAID. “NO, I’M NOT SAYG THAT. IT IS APPLIBLE TO TEXAS — AS APPLI TO ERNMENT OFFICIALS REGNIZG DIFFERENT MARRIAGE NSTCTS.”ADVERTISEMENTHE ADD: “BUT HOW DO APPLY TO PRIVATE CIZENS?”WHE DID NOT HAVE AN EXAMPLE FOR WHAT SUATN HE SEEKS TO ADDRS NOR DID HE SAY A SPECIFIC CINT SPURRED HIM TO ASK THE QUTN AT THIS TIME.ADVERTISEMENTHE MENTNED THE RIGHTS OF CLERGY TO REJECT GAY UNNS — BUT SAID THAT IS NOT THE SOLE REASON HE FILED THIS REQUT. THEN HE WAVED OFF — BUT DID NOT PLETELY REJECT — THAT HE WANTS THE ATTORNEY GENERAL TO WEIGH ON WHETHER BS N NY SERVIC TO SAME-SEX UPL.ADVERTISEMENT“I DON’T KNOW IF BS ARE PRIVATE CIZENS,” WHE SAID, WHILE ACKNOWLEDGG THEY MAY BE OWNED OR N BY PRIVATE CIZENS. “MAYBE A PRIVATE CIZEN ULD BE SOMEONE WHO SAYS THEY’RE A PREACHER. ... IT ULD BE A CHURCH AN BOARD.”WHE SAID HILLISTER BAPTIST CHURCH, WHERE HE ATTEND UNTIL RECENTLY, CHECKED S BYLAWS AFTER THE SUPREME COURT LG TO MAKE SURE FED MARRIAGE A WAY THAT WAS “NSISTENT WH CHURCH DOCTRE.”LEGAL TO TURN AWAY CTOMERS
And the Supreme Court has no power to amend formally or revoke a state statute or nstutnal provisn -- even after opg that the state law vlat the Supreme Court's terpretatn of the Constutn, " Whe Morng News reporter Lren McGghy wrote a Twter thread that Texas lawmakers have also never repealed a state statute that mak "homosexual nduct" a mismeanor.
JUDGE US SUPREME COURT’S GAY WEDDG WEBSE RULG FOR HER OWN ANTI-LGBTQ LAWSU
\u201cTX lawmakers have also never axed a state statute makg "homosexual nduct" a Class C mismeanor.
The same uld not be said for “the urt-vented rights to homosexual behavr and same-sex marriage, ” they argued. Texas, the lgs that clared bans on gay marriage and gay sex as unnstutnal, were “as lawls” as the abortn lgs, they wrote. Related: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.
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 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.
GAY MARRIAGE
He was there when the jtice wrote one of his most memorable dissents to the 2003 Lawrence lg clarg Texas’ ban on gay sex 2010 to 2015, Mchell served as Texas’ chief appellate lawyer unr then-Attorney General Greg Abbott. So sometim feels as though I have the field to myself, ” Mchell least two of the roughly 50 s he is pursug volve same-sex 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.