The Texas Tribune
  • Our Picks
  • Data
  • Events
  • Newsletters
  • Donate
  • Our Picks
  • Data
  • Events
  • Newsletters
  • Donate

Houston looks to Supreme Court to resolve same-sex marriage benefits fight

The city of Houston is asking the U.S. Supreme Court to review a decision by the Texas Supreme Court in which it suggested a landmark ruling legalizing same-sex marriage does not fully address the right to marriage benefits.

by Alexa Ura Sept. 18, 201711 AM

Republish
Pamela Holwerds holds up her marriage license following the ceremony that married over 40 same-sex couples on the south lawn of the Texas Capitol in Austin on July 4, 2015.
Pamela Holwerds holds up her marriage license following the ceremony that married over 40 same-sex couples on the south lawn of the Texas Capitol in Austin on July 4, 2015. Tamir Kalifa

After the Texas Supreme Court ruled that the landmark decision legalizing same-sex marriage does not fully address the right to marriage benefits, the city of Houston is now looking to the U.S. Supreme Court to weigh in.

In a petition filed with the high court Friday, the city asked the U.S. Supreme Court to review a June 30 decision by the Texas Supreme Court in which it ruled that there’s still room for state courts to explore “the reach and ramifications” of marriage-related issues that resulted from the legalization of same-sex marriage.

In that decision, the Texas Supreme Court threw out a lower court ruling that said spouses of gay and lesbian public employees are entitled to government-subsidized marriage benefits and unanimously ordered a trial court to reconsider the case.

Now, Houston is instead appealing to the U.S. Supreme Court, arguing in its petition that the Texas court “disregarded” previous rulings by the high court.

The Texas Tribune thanks its sponsors. Become one.

The Houston case emerged amid conservative efforts to re-litigate the U.S. Supreme Court’s landmark ruling in Obergefell v. Hodges, which legalized same-sex marriage nationwide. Following that ruling, public employers in Texas, including state agencies and public universities, quickly extended marriage benefits.

But eying a path to narrow the reach of that ruling, two taxpayers — represented by same-sex marriage opponents — are suing Houston over its policy and took their case to the Texas Supreme Court after losing in a lower state court.

Lawyers for the taxpayers suing Houston have argued that the interpretation of Obergefell is too broad and that the right to marry does not “entail any particular package of tax benefits, employee fringe benefits or testimonial privileges.” (In a separate case against the state’s now-defunct ban on same-sex marriage, the Texas attorney general’s office actually argued that marriage is a right that comes with benefits the state is entitled to control.)

Lawyers for the city of Houston have argued, in part, that opponents are without a legal avenue to even pursue their claims because the city’s policy is protected under Obergefell, which they pointed out explicitly addressed “marriage-related benefits."

In its June ruling, the Texas Supreme Court noted that Obergefell requires states to license and recognize same-sex marriages just as they do opposite-sex marriages but did not hold that “states must provide the same publicly funded benefits to all married persons.”

That does not mean Houston can “constitutionally deny benefits to its employees’ same-sex spouses,” the court added, but the issue must now be resolved “in light of Obergefell.”

The Texas Tribune thanks its sponsors. Become one.

Since then, Houston has continued to provide benefits to all of its married employees. It’s unclear when the U.S. Supreme Court will decide whether to take up the case.

Read related Tribune coverage

  • Texas Supreme Court throws out ruling that favored same-sex marriage benefits
  • Treat same-sex couples the same as others, Texas Supreme Court told
  • Texas on the hook for $600,000 after conceding same-sex marriage case

Quality journalism doesn't come free

Perhaps it goes without saying — but producing quality journalism isn't cheap. At a time when newsroom resources and revenue across the country are declining, The Texas Tribune remains committed to sustaining our mission: creating a more engaged and informed Texas with every story we cover, every event we convene and every newsletter we send. As a nonprofit newsroom, we rely on members to help keep our stories free and our events open to the public. Do you value our journalism? Show us with your support.

Yes, I'll donate today

Hide all comments

Comment Policy

The Texas Tribune is pleased to provide the opportunity for you to share your observations about this story. We encourage lively debate on the issues of the day, but we ask that you refrain from using profanity or other offensive speech, engaging in personal attacks or name-calling, posting advertising, or wandering away from the topic at hand. To comment, you must be a registered user of the Tribune, and your real name will be displayed. All comments are shown in Central Time. Thanks for taking time to offer your thoughts.

You must be logged in to leave a comment. | Login | Sign Up

Your Comment

    • Donate
    • Contact Us
    • Advertise
    • © 2019 The Texas Tribune
    Topics
    • Congress
    • Courts
    • Criminal justice
    • Demographics
    • Economy
    • Energy
    • Environment
    • Health care
    • Higher education
    • Immigration
    • Politics
    • Public education
    • State government
    Info
    • About Us
    • Our Staff
    • Who Funds Us?
    • Strategic Plan
    • Republishing Guidelines
    • Code of Ethics
    • Terms of Service
    • Privacy Policy
    • Send us a confidential tip
    • Corrections
    • Feeds
    • Newsletters
    • Video
    Social Media
    • Facebook
    • Twitter
    • YouTube
    • Instagram
    • LinkedIn
    • Reddit
    • Join our Facebook Group, This Is Your Texas.