WASHINGTON -- The Supreme Court has declined to hear a challenge to the Affordable Care Act brought by an anti-gay Houston physician who has warned that same-sex marriage will lead to sodomy among kindergarteners.
The court, in a single-line order Monday, rejected the case brought by Dr. Steven Hotze without explanation. Hotze's lawsuit alleged that Obamacare failed to comply with the Constitution's origination clause, which provides that all taxes must originate in the House of Representatives.
The court in January declined to hear a similar origination clause case brought by a Sacramento plaintiff. The challenges arise from the Supreme Court's ruling in 2012 that the Affordable Care Act imposed a tax on citizens without health insurance.
"There is universal agreement among the judges who have heard these cases, both conservative and liberal judges, that the case is a loser," said Elizabeth Wydra, president of the liberal-leaning Constitutional Accountability Center during testimony before the House Judiciary Committee in January.
With the Supreme Court's rejection, the ruling by the U.S. Court of Appeals for the 5th Circuit stands. The 5th Circuit had ordered that Hotze's lawsuit be dismissed because he failed to allege actual harm and because he was seeking to stop collection of a federal tax.
Hotze's failed challenge stands out because it was backed by Sen. Ted Cruz (R-Texas). The GOP presidential candidate signed onto an amicus brief in support of Hotze in the 5th Circuit in July.
Hotze, despite his anti-gay views, has a long history of associating with politicians. Cruz spoke at an anti-gay marriage rally Hotze hosted in 2014. Hotze was a supporter of former Houston Mayor Louie Welch, who famously said, “Shoot the queers,” when asked how he would curb HIV in his unsuccessful 1985 comeback campaign.
Hotze said when he founded the political action committee Conservative Republicans of Texas in July that if marriage is redefined, “It will be mandated to be taught to the children in the schools, at an early age, starting in kindergarten. They will be encouraged by their teachers to participate in anal sex.”
The Supreme Court later this month is scheduled to hear arguments in Zubik v. Burwell, a sort of sequel to 2014's Hobby Lobby case that tests whether Obamacare's requirement that religious organizations sign a form to opt out of providing their employees with contraceptive coverage violates their beliefs.