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A Texas Judge Is Trying to Use the SCOTUS Anti-LGBTQ Ruling to Refuse to Marry Same-Sex Couples

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In 2019, Waco, Texas Justice of the Peace Dianne Hensley received an official “public warning” from the state’s Commission on Judicial Conduct for refusing to officiate weddings for same-sex couples.

The warning, while public, did not come with any fine nor any severe sanctions or censure, as NCRM reported at the time, yet Judge Hensley sued. She retained a far-right wing anti-LGBTQ Christian activist group with ties to Trump, First Liberty Institute, to represent her in her $10,000 lawsuit for damages.

Three years later, almost to the day of her warning, a Texas bipartisan appeals court panel in Austin ruled against her.

“She failed to make her case, the three-member panel wrote,” The Dallas Morning News reported.

Her case essentially was “that the State Commission on Judicial Conduct [had] violated her religious freedom by reprimanding her for performing weddings solely for heterosexual couples,” the paper explained.

READ MORE: Abortion, Diversity, Drag Shows, EVs, and Trans People: Tennessee AG Waging Massive Multi-State Culture War

Hensley was not merely asking that she be allowed to refuse to wed same-sex couples, she was asking the Commission and its members be prevented “from investigating or sanctioning judges or justices of the peace who recuse themselves from officiating at same-sex weddings on account of their sincere religious beliefs.”

In their public warning, the Commission on Judicial Conduct had cited the Texas Code of Judicial Conduct, which states that a “judge shall conduct all of the judge’s extra-judicial activities so that they do not cast reasonable doubt on the judge’s capacity to act impartially as a judge.”

The Commission determined Hensley “should be publicly warned for casting doubt on her capacity to act impartially to persons appearing before her as a judge due to the person’s sexual orientation in violation of Canon 4A(l) of the Texas Code of Judicial Conduct.”

The Dallas Morning News later added that “Hensley, who is represented by former Texas solicitor general Jonathan Mitchell, indicated on Dec. 19 that she intends to appeal the decision to the state Supreme Court.”

Jonathan Mitchell is the attorney who devised the legal mechanism, the basis for Texas’ controversial “vigilante,” or “bounty hunter” abortion ban that relies not on government officials but instead, “deputizes ordinary citizens to enforce an effective ban on abortions — and offers them a financial incentive to do so” as The New York Times explained.

READ MORE: Architect of Texas Abortion Ban Also Criticized ‘Court-Invented Rights to Homosexual Behavior and Same-Sex Marriage’

Attorney Mitchell, The Dallas Morning News also reported, after the U.S. Supreme Court overturned Roe v. Wade, set his “sights on gay marriage.”

Now that the U.S. Supreme Court in 303 Creative ruled last month in favor of a private business owner who claims her personal religious beliefs prevent her from designing wedding websites for same-sex couples despite having never formally been asked to do so, Hensley is once again suing for the “right” to not marry same-sex couples.

And Mitchell is reportedly once again her attorney.

Hensley’s new “lawsuit alleges that the commission violated her rights under the Texas Religious Freedom Restoration Act. Her lawsuit was dismissed by a lower appeals tribunal, but last month, the Texas Supreme Court said it will hear arguments on whether to revive the state judge’s lawsuit,” The Texas Tribune reports.

Hensley “argues that though the Supreme Court used the First Amendment and not state law in the 303 Creative LLC v. Elenis case, the decision is also applicable in her lawsuit.”

Some legal experts have told The Texas Tribune the Supreme Court’s 303 Creative case is far different from Hensley’s case.

READ MORE: GOP Senators and Right-Wingers Freak Out Over Biden Ordering 3000 Reservists to Ready for Possible Deployment to Europe

“The law of the land is marriage equality. It’s as simple as that,” Johnathan Gooch, a spokesperson for Equality Texas told the Tribune. “If judges and justices of the peace were empowered to only enforce the laws that they agreed with, we would quickly descend into anarchy.”

Meanwhile, Jezebel also points out that “Hensley’s lawyer is none other than Jonathan Mitchell, the architect of Texas’ bounty hunter abortion ban known as S.B. 8 and counsel for the Texas man suing his ex-wife’s friends for allegedly helping her obtain abortion pills. Unsurprisingly, Mitchell opposes gay rights and said in a Supreme Court brief that Obergefell v. Hodges, the 2015 ruling that legalized marriage equality, is a court-invented right that is just “as lawless as Roe [v. Wade].” He also attacks LGBTQ rights more broadly: In 2018, Mitchell represented a group seeking exemptions to anti-discrimination rules so they could refuse to hire LGBTQ people it if countered their religious beliefs and he’s the lawyer arguing that insurance shouldn’t have to cover PrEP drugs.”

 

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‘The Whole Thing Is Imploding’: Chaos and Rebellion at America’s Top Right-Wing Think Tank

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Founded in 1973, the Heritage Foundation has become what its president, Kevin Roberts, now hails as the “intellectual backbone” of the conservative movement. It crafted the policy blueprint that powered President Ronald Reagan’s right-wing revolution — and today, under Roberts’s leadership, it’s once again shaping the machinery of power. Through its highly controversial Project 2025 — a plan widely credited to Roberts as its chief architect — Heritage laid out a road map for President Donald Trump’s second-term agenda. But Roberts’s recent missteps have rattled the institution, raising strong questions about his leadership — and the future direction of the conservative movement itself.

Roberts gained widespread attention in July 2024 when he issued a warning to Democrats: “we are in the process of the second American Revolution, which will remain bloodless if the left allows it to be.”

At the time, Biden campaign spokesperson James Singer said, “they are threatening violence.”

As did others.

“Kevin Roberts is threatening violence to anyone not following his dear leader,” former Republican and former U.S. Congressman Denver Riggleman wrote. “Every network should cover this.”

Roberts’s remarks had come just after the U.S. Supreme Court recognized a new constitutional principle of “presidential immunity” for official acts — a decision critics say President Donald Trump has wielded to expand his power.

Late last month, Roberts came under tremendous criticism after throwing his support behind former Fox News host Tucker Carlson, who had a two-hour interview with far-right extremist leader Nick Fuentes, whom many see as promoting Christian nationalism, white supremacy, racism, antisemitism, misogyny, and Islamophobia.

“There has been speculation that @Heritage is distancing itself from @TuckerCarlson over the past 24 hours,” Roberts wrote on October 30 when posting the video that sparked this current firestorm. “I want to put that to rest right now.”

The editors of the right-wing National Review in a scathing editorial explained the issue: “Tucker Carlson, knee-deep already, has taken another step into the muck with a friendly interview with Nick Fuentes.”

HERITAGE “WILL ALWAYS DEFEND OUR FRIENDS … THAT INCLUDES TUCKER CARLSON”

Roberts had wasted no time in coming to Carlson’s defense.

“The Heritage Foundation didn’t become the intellectual backbone of the conservative movement by canceling our own people or policing the consciences of Christians. And we won’t start doing that now,” he said in his video supporting Carlson.

Roberts insisted that Heritage “will always defend our friends against the slander of bad actors who serve someone else’s agenda. That includes Tucker Carlson, who remains, and as I have said before, always will be a close friend of the Heritage Foundation.”

Criticism of Roberts was immediate.

Journalist Yashar Ali called it a “watershed moment.”

“In his statement,” Ali wrote, “Kevin condemns what he calls a ‘venomous coalition’ that is ‘sowing division’ by attacking Tucker. That ‘venomous coalition,’ includes MAGA Republicans as well as Jewish conservative commentators, activists, and donors.”

“Kevin also frames Nick Fuentes’s rhetoric as worthy of debate, rather than something to be condemned outright. A shift like this would’ve been unthinkable for Heritage just three years ago.”

Condemnations came, and continue to do so — from both outside and inside Heritage.

CNN’s Andrew Kaczynski on Thursday reported on what one senior staffer called the “absolute s–” swirling inside Heritage.

“The staff that we talked to told us the Heritage Foundation is in open revolt over the president’s defense of Carlson,” Kaczynski explained.

That senior staffer also told CNN that Roberts had “lost control over the organization.”

Kaczynski noted that they also “said there’s an open rebellion, and this really all came to a head [Wednesday], where they had this all hands meeting … this was kind of going around social media, where Roberts publicly apologized, according to her recording we obtained, Roberts told employees, ‘I made a mistake. I let you down. I let this institution down. I’m sorry.'”

“But,” Kaczynski added, Roberts “also made clear he has no plans to resign.”

On Friday, Reason senior editor Stephanie Slade wrote that at a Thursday night event, “I was asked if the crisis at Heritage Foundation seemed to be blowing over. This morning I received a message from someone inside the building about Kevin Roberts: ‘He needs to be made to resign by the [Heritage] Foundation Board of Trustees.'”

“In speaking to current and former Heritage staffers over the last week,” Slade continued, “the emotion I’ve most commonly encountered is disgust and the words I’ve most commonly heard are ‘Kevin Roberts has to go.'”

By Wednesday, as Ali noted, Roberts had “made his fourth public statement on the Tucker Carlson/Nick Fuentes situation … over the course of six days.” After the initial video that ignited the firestorm, Roberts made three other attempts to “clean up” his remarks.

According to The Wall Street Journal’s Elliot Kaufman, Heritage senior fellow Amy Swearer, in remarks before Heritage staff, told Roberts, “over the last week, you have shown a stunning lack of both courage and judgment.”

She called Roberts’ initial defense of Carlson “at best … equal parts incoherent, unhelpful and naive.”

“At worst, it was more akin to a master class in cowardice that ran cover for the most unhinged dregs of the far right.”

“LOST MILLIONS OF DOLLARS IN DONATIONS”

Heritage also appears to be losing important donors.

“One major donor, whose organization contributes more than a half million dollars annually to Heritage Foundation, told us that they had totally lost faith in Roberts,” Kaczynski reported.

“They said, ‘I see how things play out, but if Kevin remains as president, we will not be giving to Heritage.'”

“Likewise, the Zionist Organization of America, that’s actually the oldest pro-Israel group in the United States, announced that it has withdrawn from Heritage’s initiative on antisemitism, unless Roberts publicly apologized, and retract his praise for Carlson.”

Newsmax reported that “Zionist Organization of America President Morton Klein told Newsmax Friday that Heritage Foundation President Kevin Roberts should resign immediately.”

“My organization has many of the same donors as Heritage,” Klein also said. “They’ve told me that they’re stopping all funding for Heritage until they get rid of Kevin Roberts, so yes, they have lost millions of dollars in donations since this controversy arose.”

Klein also “pointed to longtime Heritage fellow Stephen Moore’s recent departure.”

“He doesn’t want to be involved with Heritage, which is now tainted as an antisemitic, bigoted organization,” Klein told Newsmax. “It’s harmed everything else they do.”

Mark Goldfeder, CEO of the National Jewish Advocacy Center, told The Wall Street Journal on Friday that “Any tent that is big enough for them …is too big for me,” referring to Fuentes and his allies.

The Journal reported that “Goldfeder resigned from Heritage’s National Task Force to Combat Antisemitism in the aftermath of Roberts’s video.”

“CIVIL WAR AT THE HERITAGE FOUNDATION”

Other critics outside Heritage have also been observing Roberts’ crumbling support, and what it means for the future of the organization, its president, and the conservative movement.

“The civil war at the Heritage Foundation is far more consequential than most people realize,” noted Mike Madrid, the prominent Latino Republican political consultant. “The divide seems irreconcilable and it could splinter the American right irreversibly.”

Conservative New York Times opinion columnist David French wrote on Sunday, “I don’t know if Roberts will survive at Heritage.”

“I do know that Carlson and Fuentes and their constellation of friends and allies are far too popular to cancel or even to contain,” he noted, and observed: “The fight for the future of the Republican Party is underway.”

And pointing to a Washington Post article on the crisis at Heritage, Madrid declared: “The whole thing is imploding.”

 

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‘Impossible to Lose’: Trump Pitches Strategy to Cement One-Party Rule

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President Donald Trump renewed his demand that Republican senators eliminate the 60-vote filibuster, which he sees as one of the biggest roadblocks to achieving his far-reaching agenda. Now, he said he wants to eliminate the filibuster as a way to ensure permanent Republican control of the government.

The president has been calling for senators to act, despite Senate Majority Leader John Thune’s strong opposition to invoking the “nuclear option.”

In a lengthy Truth Social post last week, Trump expressed his agenda.

“It is now time for the Republicans to play their ‘TRUMP CARD,’ and go for what is called the Nuclear Option — Get rid of the Filibuster, and get rid of it, NOW!” he declared.

READ MORE: Trump Admin Starts Setting Stage for Recession — and Shifting the Blame

He warned that Democrats want to “substantially expand (PACK!) the United States Supreme Court, make Washington, D.C. and Puerto Rico States (Thereby automatically picking up 4 Senate seats, many House seats, and at least 8 Electoral Votes!), and many other highly destructive things.”

“Well, now WE are in power, and if we did what we should be doing, it would IMMEDIATELY end this ridiculous, Country destroying ‘SHUT DOWN.'”

Trump then admitted: “I want to do it in order to take advantage of the Democrats….”

Trump has repeated his call to end the filibuster several times since then, most recently on Friday afternoon.

“The Democrats will do this,” he said of killing the filibuster, “so if the Democrats are gonna do it, I’m saying Republicans should do it before they get a chance.”

“It’s very simple,” Trump explained.

READ MORE: Democratic Rep. Interrupts Speaker Johnson — Accuses Him of ‘Lies’

“And if we do it, we will never lose the midterms, and we will never lose the general election, because we will have produced so many different things for our people — for the people, for the country — that it would be impossible to lose an election.”

Critics quickly weighed in with warnings.

“I thought the vice president Vance statement about ignoring judges would be it for today,” wrote The Steady State, a group of over 350 former national security and intelligence officials, referring to JD Vance’s apparent suggestion to ignore a federal judge’s order to release about $6 billion in SNAP funds.

“President Trump went a little farther in terms of crossing yet another red line,” the group continued, “explaining why he wants [the] filibuster gone he is very clear. One party rule. Elections that he and his never lose —— that is autocracy.”

READ MORE: ‘Make Lots of Trump Babies’: Dr. Oz Highlights Midterm Goals

 

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‘Unique Action’: Trump Admin Spins Flight Cancellations as Fix for Traveling Frustration

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U.S. Secretary of Transportation Sean Duffy sought Friday to cast a positive light on the Federal Aviation Administration’s order requiring airlines to cut ten percent of flights at 40 major airports — a move prompted by overworked air traffic controllers who have gone weeks without pay as the government shutdown stretches into its 38th day with no immediate end in sight.

More than 800 flights nationwide were canceled on Friday, leaving some travelers “scrambling to figure out backup plans,” the Associated Press reported.

But According to Secretary Duffy, he has come up with a “unique action” that reduces a major frustration of air travel: flight delays.

READ MORE: Trump Admin Starts Setting Stage for Recession — and Shifting the Blame

“I asked the head of the air traffic controller union to reach out to his controllers, to ask them to show up. It is their jobs,” Duffy said on Friday.

“If they start coming to work, we may have the same experience we had in Newark: We had delays and cancellations in Newark in the early summer. We reduced the capacity, and then the flights were on time. Right?”

“It was the most on-time months we had in Newark ever,” he added. “So that could be an outcome of what we’re doing, and we’ll see probably more people on less flights, which means less pressure on controllers.”

READ MORE: ‘Make Lots of Trump Babies’: Dr. Oz Highlights Midterm Goals

Secretary Duffy also said, “There’s a very easy solution to the problem that they put directly on my lap, which is open the damn government. Vote to open the government, so those who snipe at me for having to take really unique action — they put that on my plate.”

Critics blasted Duffy.

Republican former U.S. Rep. Adam Kinzinger wrote: “Cutting flights because of the govt shutdown is a stunt, plain and simple.”

He also remarked, “We’re cutting flights and food because of the govt shutdown but ICE is out [in] full force!”

READ MORE: Democratic Rep. Interrupts Speaker Johnson — Accuses Him of ‘Lies’

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