It's the latest example of how attacking abortion opens the door to dismantling other privacy rights.
which requires states to license and recognize same-sex marriages, means that private citizens must also recognize those marriages. After all, White writes, Texas state laws defining marriage as the union of one man and one woman haven’t been officially amended or repealed.
Paxton’s office did not respond to Jezebel’s request for comment on White’s letter before publication time. The AG’s website says that most opinions are, but the amount of time varies based on research involved and how many briefs are received. White uses a twisted legal argument, claiming that the Supreme Court doesn’t actually erase state laws it finds to be unconstitutional— it just leaves them dormant and unenforced by state officials. Private citizens, meanwhile, aren’t bound by those rulings.
If the Attorney General were to agree with White, it could allow businesses to refuse to serve gay couples a la: The fact that a federal district court has enjoined state officials from enforcing the Texas marriage laws in no way affects the existence or validity of those laws with regard to private parties, who are not even bound by the Fourteenth Amendment — let alone the Supreme Court’s purported interpretations of it.”
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