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Moving on to the benefits issue

And as we move on to other fights, the terrain changes.

RedEquality

Texas Gov. Greg Abbott opened the door for state agencies to withhold benefits from same-sex couples Friday, hours after the Supreme Court legalized same-sex marriage nationwide.

In a letter released Friday afternoon, Abbott ordered heads of state agencies to prioritize religious freedom, writing that no adverse action should be taken against a state official “on account of the person’s act or refusal to act that is substantially motivated by sincere religious belief.”

“This order applies to any agency decision, including but not limited to granting or denying benefits, managing agency employees, entering or enforcing agency contracts, licensing and permitting decisions, or enforcing state laws and regulations,” Abbott wrote.

In anticipation of this response, a lawsuit has already been filed for force the state to recognize the same-sex unions of its employees and grant them the same benefits. I have no idea what legal justification Abbott thinks he has for this, but we already knew he was a crappy lawyer.

The Trib makes it clear that this is little more than saber-rattling on Abbott’s part.

Public employers including Texas agencies, universities and schools may now be required to extend benefits to spouses of married gay employees in light of the U.S. Supreme Court’s ruling Friday that marriages between same-sex couples are constitutional.

But when those benefits will be extended is unclear as state officials examine the high court’s ruling and consider new policies.

“At this point, all I can say is we’re aware of the ruling and we’re examining it,” said Catherine Terrell, director of governmental affairs for the state Employee Retirement System, which oversees retirement and health benefits for state employees and those of most public universities and community colleges.

A spokeswoman for the Teachers Retirement System of Texas, which serves public education employees, echoed that sentiment, saying it was also “analyzing” the ruling’s impact on the programs it administers.

The ruling is likely to have little impact on state employees’ retirement benefits, because employees can already assign any person as a beneficiary, Terrell said. But “the major benefit issue” could be with employees’ health insurance plans.

[…]

Legal experts agreed that when it comes to extending benefits for same-sex couples, the state is now bound by the Supreme Court ruling to recognize all marriages.

Brandon Rottinghaus, a political science professor and Texas Constitution expert at the University of Houston, said the state has no legal basis to exclude same-sex couples from the benefits it offers married couples.

“If you’re legally married by the law, no agency or government can restrict you,” Rottinghaus said. “Exactly how this is applied in Texas is going to be a bit shaky.”

But he added that extending benefits to same-sex couples is inevitable. “It’s not a question of when, but how,” Rottinghaus said.

That’s true of county clerks, too, but that doesn’t mean it’s a straight line to get there. There’s already been a lawsuit filed to push the issue, in anticipation of this reaction from Abbott. It would be nice to think that we could avoid doing this the hard way, but of course we won’t. We will get where we need to be, We’re just gonna be mulish about it.

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