Wednesday, January 4, 2023

"Parental rights"


Matthew Kacsmaryk, a Trump appointee to a federal court in Texas, spent much of his career trying to interfere with other people’s sexuality.

A former lawyer at a religious conservative litigation shop, Kacsmaryk denounced, in a 2015 article, a so-called “Sexual Revolution” that began in the 1960s and 1970s, and which “sought public affirmation of the lie that the human person is an autonomous blob of Silly Putty unconstrained by nature or biology, and that marriage, sexuality, gender identity, and even the unborn child must yield to the erotic desires of liberated adults.”

[...]

The plaintiff in Deanda v. Becerra is a father who says he is “raising each of his daughters in accordance with Christian teaching on matters of sexuality, which requires unmarried children to practice abstinence and refrain from sexual intercourse until marriage.” He claims that the program must cease all grants to health providers who do not require patients under age 18 to “obtain parental consent” before receiving Title X-funded medical care.

[...]

Deanda plaintiff’s legal argument “would undermine the minor’s right to privacy” which the Supreme Court has long held to include a right to contraception.

[...]

Kacsmaryk handed down a decision claiming that “the Title X program violates the constitutional right of parents to direct the upbringing of their children.”

[...]

[L]itigants who want their case to be decided by a judge with a history as a Christian right activist, with a demonstrated penchant for interpreting the law flexibly to benefit his ideological allies, can all but ensure that outcome by bringing their lawsuit in Amarillo.

[...]

The Constitution [...] does not permit litigants to file federal lawsuits challenging a government program unless they’ve been injured in some way by that program — a requirement known as “standing.” [... Plaintiff] does not allege that his daughters have ever sought Title X-funded care. And he does not even allege that they intend to seek Title X-funded care in the future.

Thus, this case should have been dismissed for lack of standing. [T]he Supreme Court held in Lujan v. Defenders of Wildlife (1992), the plaintiff in a federal lawsuit must show that they’ve been injured in a manner that is “actual or imminent” and not “conjectural” or “hypothetical.”

  Vox
Yeah, well, the new MAGA Supreme Court just took a case with the exact same problem of standing and injury, 303 Creative, involving a woman who wants to create a website excluding gays, so I wouldn't put any hopes on that.

...but hey, do what you want...you will anyway.

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