HOUSTON – The Texas Supreme Court on Friday sent a case over whether married same-sex couples who work for the city of Houston are entitled to taxpayer-funded benefits back to trial court.
In the 24-page opinion, authored by Justice Jeffrey Boyd, the state’s highest court determined that married same-sex couples have no inherent right to benefits that are subsidized by taxpayers, and ordered the case be sent back to a lower court to be sorted out.
READ: Texas Supreme Court opinion
The case stemmed from a lawsuit filed by two Houston taxpayers in response to then-Houston Mayor Annise Parker’s decision in 2013 to grant benefits to same-sex spouses of city employees who had been married in other states. A state district court judge issued an injunction, preventing the city from extending those benefits. The city appealed that decision.
In 2015, while that appeal was pending, the U.S. Supreme Court issued a ruling that overturned bans on gay marriage. An appeals court then lifted the district court judge’s injunction.
In March, the Texas Supreme Court heard arguments from both sides of the lawsuit. The taxpayers said that the U.S. Supreme Court ruling did not provide that taxpayer-funded benefits are inherent rights to same-sex couples. The city argued that the ruling said same-sex marriages must be treated equally.
The Texas Supreme Court’s decision on Friday held that the U.S. Supreme Court’s ruling did not provide inherent rights to benefits for same-sex couples, and that both parties should present their arguments to a lower trial court.
The opinion also said the litigants must assist the court in fully exploring the reach and ramifications of the U.S. Supreme Court's ruling.
Fran Watson with the Houston LGBTQ Political Action Caucus said she was disappointed by today’s decision.
"Once again, we're having to fight for rights that have already be given by the U.S. Supreme Court, so anger, frustration -- many feelings are going on today," Watson said.
Attorney Jared Woodfill, the attorney for the original Houston Plaintiffs for the lawsuit against Houston says, “Today’s ruling by the Texas Supreme Court respects the religious liberty of taxpayers whose religious beliefs are against same-sex marriage."
Woodfill is ready to try the case again in the lower court and fully expects the final decision to ultimately be decided by the U.S. Supreme Court.
