Texas Supreme Court: No inherent right to gay marriage benefits
Source: Austin American-Statesman
Chuck Lindell American-Statesman Staff
9:29 a.m. Friday, June 30, 2017 News
A unanimous Texas Supreme Court concluded Friday that there is no established right to government-provided spousal benefits in same-sex marriages.
The 2015 U.S. Supreme Court ruling that established the right to same-sex marriage did not decide all marriage-related matters, leaving room for state courts to explore the decisions reach and ramifications, the all-Republican Texas court said.
Supporters of gay marriage have vowed to appeal such a ruling to the federal courts, arguing that the U.S. Supreme Court clearly stated that all marriages must be treated equally.
The Texas Supreme Courts decision this morning is a warning shot to all LGBTQ Americans that the war on marriage equality is ever-evolving, and anti-LGBTQ activists will do anything possible to discriminate against our families, said Sarah Kate Ellis, president and the advocacy group GLAAD.
Read more: http://www.statesman.com/news/texas-supreme-court-inherent-right-gay-marriage-benefits/YhIJSUN9u9Uy2d8n0exU2I/?ecmp=statesman_social_twitter_2014_virtualcapitol_sfp
jayschool2013
(2,313 posts)and its "supreme" court.
Bernardo de La Paz
(49,045 posts)mahatmakanejeeves
(57,617 posts)Texas Supreme Court rules gay couples not guaranteed spousal benefits
Lauren McGaughy, Austin bureau
https://twitter.com/@lmcgaughy
AUSTIN The Texas Supreme Court on Friday said that while same-sex marriage is legal nationwide, the "reach and ramifications" of the rights of gay couples have yet to be determined.
In a unanimous decision, the nine-member court reversed a lower court's ruling in favor of the city of Houston's decision to extend spousal benefits to same-sex city employees and their married partners. The court ordered the case sent back to the trial court in Houston.
The high court conceded the U.S. Supreme Court legalized gay marriage two years ago in Obergefell vs. Hodges, but added that it is unclear what other rights the decision extends to same-sex couples. That must be hashed out in the courts in cases like this one.
New: Texas Supreme Court rules gay couples not guaranteed spousal benefits https://www.dallasnews.com/news/lgbt/2017/06/30/texas-supreme-court-rules-gay-couples-notguaranteedspousal-benefits via @dallasnews #txlege #LGBT
Link to tweet
Retweeted by Lauren McGaughy: https://twitter.com/@lmcgaughy
BREAKING: Texas Supreme Court denies there is a de facto right to govt benefits in same-sex marriage. Appeal certain. #txlege
Link to tweet
Gothmog
(145,581 posts)David__77
(23,516 posts)I'm Californian. I was talking to my friend last night, and saying that I might put a bumper sticker on my car with the California state flag, with the message "LOVE IT OR LEAVE IT!" I think that those here in California on the right would get my intended message!
riversedge
(70,306 posts)IronLionZion
(45,534 posts)there was a time when Democrats won elections there.
Texas also has very low voter turnout at 55% in 2016. If we got our people motivated to vote, things could be better, maybe.
Gothmog
(145,581 posts)LeftInTX
(25,558 posts)We had plenty of Dixicrats, but I don't consider them to be Democrats.
This state has always been conservative.
It was never "blue".
IronLionZion
(45,534 posts)Carter won Texas in 76
Texas demographics have shifted considerably with a lot of new people moved in to the state.
Turnout among latino voters has been increasing and the younger ones tend to be liberal. Bashing immigrants should hurt the GOP.
Democrats may finally break through in Texas, thanks to Trump
https://www.washingtonpost.com/blogs/right-turn/wp/2017/04/21/democrats-may-finally-break-through-in-texas-thanks-to-trump/?utm_term=.a4f0154e92b2
LeftInTX
(25,558 posts)Texas was going to be a given for him.
At that time Texas was considered to be a more moderate area of the south.
Carter also won almost all of the South: LA, MI, AL, FL, AR, SC, NC, GA, TN, KY, WV and MO. So, it wasn't a Texas thing.
Richards was one term and that was 20 years ago.
Bush and Co created a successful smear campaign against her.
Bentson was probably the last of our long-term statewide Dems.
It has gotten redder with each passing year.
This year's session was the worst I've seen.
It is just awful.
State cut teachers pensions and we haven't had a COLA since 2001, despite an extra $12 billion in the Texas budget. They're eliminating health insurance for retired teachers and what does remain is catastrophic insurance with premiums and deductibles that are more than retirement checks. We don't have social security withheld. We don't have Medicare withheld.
It gets worse and worse around here.
This state is run by a bunch of bigots.
yallerdawg
(16,104 posts)That's from where the legal benefits derive.
Sex - and the old race requirements - would be offensive and most regressive.
Thanks once again, deplorables!
rusty fender
(3,428 posts)Unanimous decision
How many decades is it going to take to change the composition of this court
Ligyron
(7,639 posts)Obama's DOJ would have been all over this. The Evil Elf DOJ - no.
NurseJackie
(42,862 posts)... of reviving it? They clearly don't want to be here... why force them to stay?
lark
(23,158 posts)Texas - with this nonsense
FL - Stand Your Ground
AL - Medicaid only covers those with .25 of FPL
KS - Brownback's totally failed experiment
Me - LePage
In- Bathroom law
etc. etc. etc.
AJT
(5,240 posts)We need to grasp how little power dems have in governing in this country.
lark
(23,158 posts)The court system is the only thing we've got going for us these days other than Mueller.
riversedge
(70,306 posts)a red state or not.
J_William_Ryan
(1,757 posts)will be reversed on 14th Amendment grounds, a violation of same-sex couples' right to due process and equal protection of the law.
TomSlick
(11,109 posts)The SCOTUS per curiam striking Arkansas' law refusing to put gay/lesbian married couples names on birth certificates should have made this clear to the Texas Supremes.
Bonx
(2,075 posts)Ray Bruns
(4,111 posts)we have to drag the knuckle draggers kicking and screaming into the 21st century along with the rest of the nation. Any unbiased jurist would have concluded that any marriage contract that is LEGAL, that the rights guaranteed by law for that contract would be in force. What the Texas Supreme Court just ruled that is some marriage contracts are more equal than others. A three year old would see this as a clear case of discrimination. Now we have to go through years of litigation just to arrive at what the US Supreme Court has already ruled in Obergefell vs Hodges.
sarisataka
(18,774 posts)Why is the word equal so hard to understand
dbackjon
(6,578 posts)Along with the Christian Taliban
FUCK every single one of them.
SpankMe
(2,968 posts)"No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
Get that? No state shall deny to any person...equal protection of the laws.
Texas is saying that a same sex spouse can be denied medical benefits while a non-same sex spouse can be granted medical benefits in state jobs - AT THE SAME TIME!!! ...In the same department, possibly even the same job title?
And the ruling was unanimous? WTF is wrong with conservatives?!
Astraea
(470 posts)but a marriage is a marriage, isn't it?
How can you say that one marriage is entitled to benefits and another is not?
Behind the Aegis
(53,989 posts)I knew this would happen. Eventually, the SC decision is going to get challenged again, and I can envision a situation where gays and lesbians wake up one day to suddenly being "unmarried."
Eliot Rosewater
(31,121 posts)Because the Democratic party didnt win last year, so to speak, the entire judiciary will become RABID rightwing in a decade.
If we are alive, it will be a VERY unsafe place for anyone not white and xtian.
BigmanPigman
(51,630 posts)walkingman
(7,668 posts)elect some of these morons. Sadly I think it is because they reflect the majority of this backwards ass state. It has been this way for 20 years and doesn't seem to be getting any better.
I am sick of these bigots.
Also time for Dems in this state to "VOTE"!! Rural shitkickers seem to be running the state.
Princess Turandot
(4,787 posts)their children's birth certificates (Pavan et al v. Smith). This appears to be at odds with that. (Arkansas attempted to argue that their decision was consistent with Obergefell, an argument which the court rejected).
"...The Arkansas Supreme Courts decision, we conclude, denied married same-sex couples access to the constellation of benefits that the State has linked to marriage.
....Obergefell proscribes such disparate treatment. As we explained there, a State may not exclude same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples."....
....The State uses those certificates to give married parents a form of legal recognition that is not available to unmarried parents. Having made that choice, Arkansas may not, consistent with Obergefell, deny married same-sex couples that recognition. "
Per curiam opinion: https://www.supremecourt.gov/opinions/16pdf/16-992_868c.pdf
TomSlick
(11,109 posts)Matthew28
(1,798 posts)That is all this is! It is about control and we must fight back.
Igel
(35,359 posts)A case was thrown out last year.
That was appealed. The state Supreme Court denied the appeal.
State politicians put shed to get the appeal reheard. Courts should aim at being judicial and not extensions of partisan politics. But the court buckled and reheard it.
Now the court goes to trial and the lower court rules as it rules. Odds are it will establish the right people think the Supreme Court denied. And the court won't hear any appeal, at least on that score.