Texas Supreme Court: states not required to provide publicly funded benefits to same-sex couples

Texas Supreme Court: states not required to provide publicly funded benefits to same-sex couples

by Lars Peterson

The Supreme Court of Texas [official website] held [opinion, PDF] on Friday that the Houston’s benefits policy need not extend to same-sex couples. In so holding, the Court concluded that: “The [US] Supreme Court held in Obergefell that the Constitution requires states to license and recognize same-sex marriages to the same extent that they license and recognize opposite-sex marriages, but it did not hold that states must provide the same publicly funded benefits to all married persons.” The trial court had issued a temporary injunction prohibiting the mayor and the city of Houston from “furnishing benefits to persons who were married in other jurisdictions to City employees of the same sex.” The Court of Appeals reversed the injunction and remanded the case back to the trial court holding that the lower court must conduct its proceedings consistent with the federal Fifth Circuit decision in DeLeon v. Perry. The Texas Supreme Court disagreed, but vacated the trial court injunction holding that:

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