Couples embrace at the conclusion of the "Big Gay Wedding" ceremony on the south lawn of the Texas Capitol on July 4 after the Supreme Court legalized same-sex marriage in June.
Couples embrace at the conclusion of the "Big Gay Wedding" ceremony on the south lawn of the Texas Capitol on July 4 after the Supreme Court legalized same-sex marriage in June. Tamir Kalifa

*Correction appended

After pressure from Texas GOP leadership, the all-Republican Texas Supreme Court on Friday reversed course and agreed to take up a same-sex marriage case.

Despite the U.S. Supreme Courtโ€™s legalization of same-sex marriage in 2015, the stateโ€™s highest civil court will reconsider a Houston case challenging the cityโ€™s benefits policy for married same-sex couples. The court had previously declined to take up the case with only one justice dissenting, letting stand a lower court decision that upheld benefits for same-sex couples.

But Texas Republicans looking to narrow the scope of the landmark ruling legalizing same-same marriage urged the Texas court to reconsider. Gov. Greg Abbott, Lt. Gov. Dan Patrick and Texas Attorney General Ken Paxtonย in October filed an amicus brief with the court asking them to reconsider the case.

Oral arguments have been set for March 1.

In asking the Texas Supreme Court to reopen the Houston case, stateโ€™s leaders also urged the court to clarify that the case that legalized same-sex marriage, Obergefell v. Hodges, does not โ€œbind state courts to resolve all other claims in favor of the right to same-sex marriage.โ€

They argued that Obergefell does not include a โ€œcommandโ€ that public employers โ€œtake steps beyond recognizing same-sex marriage โ€” steps like subsidizing same-sex marriages (through the allocation of employee benefits) on the same terms as traditional marriages.โ€

State leadersโ€™ petition came more than a year after state agencies extended benefits to spouses of married gay and lesbian employees following the high courtโ€™s ruling โ€” a move lawyers for Houston have pointed to in defending their policy. Theyโ€™ve also argued that conservatives have no legal avenue to pursue in the case because the cityโ€™s policy is protected by the Obergefell ruling.

In Obergefell, the U.S. Supreme Court in 2015 ruled that marriages between couples of the same sex cannot be prohibited by states, overriding Texasโ€™ long-standing ban on same-sex marriage. And almost a month after the ruling, Paxton quietly conceded a case against the federal government over medical leave benefits for certain same-sex couples.

Readย related Tribune coverage:

  • Texas Republicans asked the state Supreme Court to reconsider a case about benefits in what appears to be anย attempt to narrow the scopeย of the landmark ruling that legalized same-sex marriage.
  • This year, Texas Republicans are focused on the so-called bathroom bill, limiting transgender residentsโ€™ access to some bathrooms. Hereโ€™s theย annotated bill text to explain in plain English how the bill would impact communities across Texas.

Correction: This story initially gave an incorrect description of the court’s previous decision not to take up the case. That decision was made with only one justice dissenting.

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Alexa Ura reported for The Texas Tribune from 2013 to 2023. She covered the complex dynamics of race, ethnicity, wealth, poverty and power and how they are shaping the future of Texas and Texans, in the...