Legal expert: The gays are next

[Soph0571]

"After scoring an initial victory in their mission to eviscerate women's constitutionally protected right to obtain access to an abortion, some in the conservative movement have already explicitly moved on to attacking LGBTQ rights, which suggests they're gunning for all your constitutionally protected rights — at least those not dealing with guns."

The same Jonathan Mitchell who is seeking termination of abortion as legally valid argues in his Mississippi abortion case challenge due for hearing in December that women can have no protected right to abortion because it was never written in the Constitution.

Further, in the same brief, Mitchell suggested he's coming for Lawrence v. Texas, the 2003 decision in which the Supreme Court ruled that laws that criminalize sodomy are unconstitutional, and Obergefell v. Hodges, the 2015 ruling in which the court concluded that the Constitution protects the rights of same-sex couples to marry.

Mitchell describes these outcomes as creating "court-invented rights to homosexual behavior and same-sex marriage." He concluded, "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."

[link:https://www.rawstory.com/same-marriage/|]
Emphasis mine

“Those who would renegotiate the boundaries between church and state must therefore answer a difficult question: why would we trade a system that has served us so well for one that has served others so poorly?” Sandra Day O'Connor

BUT... peak 2021 fall out from Trump means that the far right theocratic cray cray on SCOTUS will sit and wait for a law to be introduced in a red state that hugely limits the availability of getting married while gay, and then when it reaches SCOTUS they will decide on a shadow docket that it is all about state rights. If they are allowed to get away with it on Roe V Wade you betchca they are coming after gay marriage next - and then who knows? 3/5 a man anyone?

This has been in the works for a very long time. And here we are.



After 40 years of packing the courts these lot makes Attila look progressive.

[The Magistrate]

1. No Question, Ma'am

Birth control is next....

[EndlessWire]

2. I honestly think

that they would execute gays if we allowed them to in this country. They would think that's all right. As it is, I agree that gays are in their crosshairs. These people are beyond pathetic. We need to win at Midterms. That's the only way we can keep these crazy people in check and away from us.

[Mad_Machine76]

5. They spend a lot of time discussing ME countries' atrocities against LGBTQ people

trying to stoke islamophobia, but I suspect that it is more about them envying what other countries are able to get away with in terms of persecuting LGBTQ persons.

[Duncan Grant]

11. They celebrated AIDS. They used AIDS as a fundraiser for their church ministries.

I’ll never underestimate the potential for true, terrifying evil, at the hands of right-wing conservative fundamentalists and their manipulators. I’ve seen it with my own eyes.

[ck4829]

3. I knew it was too soon to end my "Never getting married" as long as gay people can't position

Part of the reason why I'm not married. A position I should now tie to the safety and constancy of that.

[4Q2u2]

4. WE had purity tests

Lost elections because our person was not perfect. Now these guys are goose stepping us all the way into their Religious Fantasy.
Don't let the perfect be the enemy of the Good. Winning elections is what we need to focus on. Even when we get rouge's like Manchin and Sinema we can neutralize them will numbers to make them moot points.

[abqtommy]

6. These days Fascists are a threat all around the world and they're all out to

do in those of us who continue to resist them. It's way past time to deal firmly and
harshly with all of them. Again.

[Buckeye_Democrat]

7. Of course.

Gay people don't fit their ideas of "normal" either, so they must be coerced or eradicated.

The best predictor that someone would vote for Trump in the 2016 GOP primaries was right-wing authoritarian personality. (It just so happens that most white evangelicals are also RWA's, but not all.)

https://en.m.wikipedia.org/wiki/Right-wing_authoritarianism
Right-wing authoritarians want society and social interactions structured in ways that increase uniformity and minimize diversity. In order to achieve that, they tend to be in favour of social control, coercion and the use of group authority to place constraints on the behaviours of people such as political dissidents and immigrants. These constraints might include restrictions on immigration, limits on free speech and association and laws regulating moral behaviour. It is the willingness to support or take action that leads to increased social uniformity that makes right-wing authoritarianism more than just a personal distaste for difference. Right-wing authoritarianism is characterized by obedience to authority, moral absolutism and punitiveness towards dissidents and deviants. In parenting, right-wing authoritarians value children's obedience, neatness and good manners.

[maryellen99]

8. And after that interracial marriage nt

[bucolic_frolic]

9. The repressed are where the perversions lie

We need some sex scandals with real mistresses and the like.

[LiberalArkie]

10. At some point who can vote will come up

In 1776 all white men who own property have the right to vote, except for Catholics, Jews, and Quakers.

This is what will come up. The right has always wanted to go back to the "founding fathers" desires.

If a person rents, or is not a WASP, they can not vote.

[LetMyPeopleVote]

12. Overturning Roe v Wade is only the beginning-assholes want to overturn Obergefell

Obergefell (same sex marriage), Lawrence (consensual sex), Loving (interracial marriage) as well as Roe are all based on case called Griswold v Connecticut where birth control was allowed. The assholes who are going after Roe also want to criminalize same sex marriage and other rights derived from Griswold.

Link to tweet

Link to tweet

[DallasNE]

13. Mitchell's Logic Is Highly Flawed

Because that same logic would apply to other decisions as well, such as Citizens United and Hobby Lobby. Indeed, they could go all of the way back to the decision on the Commerce Clause under such a broad view of what the Constitution does not say

That said, I am not taking issue with what the author is claiming will happen as they are spot on. I am just pointing out the Pandora's box Mitchell is attempting to open.

[NullTuples]

14. If Obergefell falls...

Obergefell is based on the 14th Amendment (equal treatment) and the Civil Rights Act of 1964.

There's nothing Republicans would love more than to take down the CRA.

[traitorsgalore]

15. All liberals are next, it won't be limited to any 1 group

Several red/dead/gopuke/covidiot states should secede and create their own fascist hell zones. Hopefully that will occur as soon as 2022.

[Walleye]

16. Weren't we endowed by our Creator with these rights?they're looking for loopholes inthe constitution

The constitution and the bill of rights protect the rights we were endowed by their Creator according to the declaration of independence. Our rights do not come from the constitution

[TomSlick]

17. Well, not really.

The reference to being endowed by the Creator with rights is in the Declaration of Independence. The Constitution makes no reference to a deity, as a source of rights or otherwise. The only possible exception is the reference to "the year of our Lord" in Article VII.

Constitutional rights are either found in the Constitution, including amendments, or within the "penumbra" of the Constitution as in Griswold and its progeny.

[Walleye]

18. Well I do know that but right wingers are constantly quoting it to justify "right to life"

I know it is silly to try to hold them to consistent principles or positions. I do believe I was endowed by my creator with my rights. But my creator was my mom

[TomSlick]

19. At a minimum, your mom endowed you with the ability to to know hypocrisy when you see it.

Cheers.

[Walleye]

20. Yes. a blessing and a curse

[Behind the Aegis]

21. We have been waiting for the other pump to drop.

Of course, we are watching everything as closely as we can as we will have to mobilize at a moment's notice. But, we will also need our alleged allies to stop telling us to "calm the fuck down".