Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Friday, July 1, 2022

TX Attorney General Ready to Defend Invalidated Laws

From Chron:

Texas Attorney General Ken Paxton last week seemingly expressed support for the Supreme Court potentially overturning past rulings on cases involving the LGBTQ community following the downfall of Roe v. Wade on Friday.

In a separate concurring opinion Friday, Supreme Court Justice Clarence Thomas questioned a number of the high court's past rulings, including Obergefell v. Hodges, which established the right of same-sex couples to marry, and Lawrence vs. Texas—a 2003 decision in which the court ruled against the state of Texas regarding a 1973 law criminalizing the act of sodomy.

Thomas also mentioned Griswold v. Connecticut, which established the right of married couples to use contraception without government interference. "In future cases, we should reconsider all of this Court's substantive due process precedents, including Griswold, Lawrence, and Obergefell. Because any substantive due process decision is 'demonstrably erroneous,'" Thomas wrote. "We have a duty to 'correct the error' regarding these established in those precedents." 

During a Friday appearance on News Nation's "On Balance with Leland Vittert," Paxton said he would support the Supreme Court revisiting the cases mentioned by Thomas and defend Texas' long-unenforced law against sodomy.

"I'm sure you read Justice Thomas's concurrence where he said there were a number of other of these issues, Griswold, Lawrence and Obergefell he felt needs to be looked at again," Vittert told Paxton. "Obviously the Lawrence case came from Texas... would you as attorney general be comfortable defending a law that once again outlawed sodomy? That questioned Lawrence again or Griswold or gay marriage? That came from the state legislature to put to the test what Justice Thomas said?"

Read more here.

 

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