The Texas Supreme Court heard oral arguments on Wednesday morning in a case challenging local government employee benefits for same-sex couples.
Attorney’s leading the lawsuit argue that subsidizing same-sex benefits with tax dollars is illegal. They say the U.S. Supreme Court’s 2015 landmark ruling in the case of Obergefell v. Hodges, does not include the issuance of insurance benefits.
“There is clearly a difference between the right to a marriage license versus same sex benefits, and that is why it is important that you are allowed to have your day in court,” Jonathan Saenz, lead attorney and president of Texas Values said. “That is why it is important for elected officials to have to follow the law and not be able to get away with an incorrect and an invalid expansion of a U.S. Supreme Court decision.
The Texas Supreme Court initially declined to hear the case in September. However, after several Republican state officials including Governor Greg Abbott filed a brief urging the high court to reconsider. The all-Republican court then accepted the case.
Saenz and Houston attorney Jared Woodfill are challenging former Houston Mayor Annise Parker for a memo issued in 2013 instructing city officials to extend their employee benefits to spouses of same-sex couples.
“A message has to be sent that when you have a rogue elected official violate clearly established state law, that there needs to be consequences,” Saenz said.
Chuck Smith, executive director of the LGBT advocacy group Equality Texas, says the expansion of benefits is implied in the high court’s ruling.
“What’s at issue here is the legal recognition of the marriage and the reality that the benefits or whatever flows from being married, that same sex couples have to be treated the same as opposite sex married couples,” Smith said. “And so the fear is that if this case were to proceed that somehow we are creating two different classes of marriage.”
The Texas Supreme Court is expected to issue a decision by the end of June.
