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City goes to SCOTUS over same-sex spousal benefits

Good.

The City of Houston and Mayor Sylvester Turner filed a petition Friday asking the U.S. Supreme Court to review a decision that came down earlier this summer, concluding that states did not have to provide publicly funded benefits to same-sex couples, according to a news release from the city.

The decision in Pidgeon v. Parker from the Texas Supreme Court on June 30 said states did not have to provide government employee benefits to all married persons, regardless of whether their marriages are same sex or opposite sex.

The Texas court claims the U.S. Supreme Court’s landmark 2015 decision Obergefell v. Hodges, that recognized marriage rights among gay couples did not determine whether same-sex couples have spousal benefits. The court also said the Pavan vs. Smith case does not conclude whether same-sex couples are entitled to spousal benefits.

See here and here for the background, and here for the city’s press release. There is also a lawsuit filed by affected employees against the city to force it to continue paying the benefits, which as this statement indicates the city is doing and intends to continue as long as a court doesn’t order it not to. The Pavan v. Smith case held that “Having chosen to make its birth certificates more than mere markers of biological relationships and to use them to give married parents a form of legal recognition that is not available to unmarried parents, Arkansas may not, consistent with Obergefell v. Hodges, deny married same-sex couples that recognition”. Seems pretty damn clear that the same standard would apply for employee benefits, but as we know some lessons have to be learned the hard way. Kudos to the city for trying to short-circuit this homophobic nonsense.

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