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Marriage Equality

Texas Supreme Court Opens Door to Invalidating Same-Sex Marriages

Texas Supreme Court Opens Door to Invalidating Same-Sex Marriages

Texas

In a unanimous ruling, the high court decided it is unclear whether same-sex marriages are guaranteed the same rights as other marriages.

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The Texas Supreme Court issued a disturbing ruling on Friday, declaring there exists no clear right to spousal benefits for married same-sex couples.

The unanimous decision sprung from a challenge to spousal benefits that Houston provided to city employees. Even though the 2015 Obergefell v. Hodges Supreme Court ruling legalized same-sex marriage throughout the nation -- and extended all the rights that go along with marriage -- conservatives in Houston continue to challenge spousal benefits, claiming Obergefell was not the last answer on whether same-sex marriages offer the same rights as other marriages.

"We decline to instruct the trial court how to construe Obergefell on remand," said the opinion, written by Justice Jeff Boyd.

The case now heads to the Harris County district court, which must determine if Obergefell guarantees same-sex spousal benefits to Houston city employees. The U.S. Supreme Court ruled on Monday that Arkansas must recognize both parents in a same-sex couple on birth certificates, even though the state had claimed that privelege extended only to couples with a man and woman.

The Texas Supreme Court, which the Austin American-Statesman reports is filled with Republicans, initially refused to hear the challenge to Obergefell's reach but changed its mind after being threatened by the antigay conservatives bringing the case. Texas supreme court justices are elected, not appointed.

"The freedom to marry is settled law," Kasey Suffredini, Freedom for All Americans' acting CEO, said in a statement. "The actions the Texas Supreme Court took today directly challenge our nation's highest legal authority, and they're part of a broader effort we're seeing to challenge the rights and dignity of LGBT people in the Lone Star State. Earlier this week, we saw the U.S. Supreme Court rebuke an Arkansas court that was attempting to ignore settled law and blatantly allow for discrimination against legally married same-sex couples and their children. It's disheartening - but sadly, not unbelievable - that just days later, we're seeing a Texas court attempt a similarly grotesque action."

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Neal Broverman

Neal Broverman is the Editorial Director, Print of Pride Media, publishers of The Advocate, Out, Out Traveler, and Plus, spending more than 20 years in journalism. He indulges his interest in transportation and urban planning with regular contributions to Los Angeles magazine, and his work has also appeared in the Los Angeles Times and USA Today. He lives in the City of Angels with his husband, children, and their chiweenie.
Neal Broverman is the Editorial Director, Print of Pride Media, publishers of The Advocate, Out, Out Traveler, and Plus, spending more than 20 years in journalism. He indulges his interest in transportation and urban planning with regular contributions to Los Angeles magazine, and his work has also appeared in the Los Angeles Times and USA Today. He lives in the City of Angels with his husband, children, and their chiweenie.