Texas: State Judge Orders Houston To Stop Providing Same-Sex Benefits

A Texas state judge has ordered the city of Houston to stop providing benefits to same-sex spouses of employees, according to Lone Star Q, but the city says a prior federal judge's ruling trumps the state ruling:

State District Judge Lisa Millard issued a temporary restraining order halting the benefits Wednesday in response to a request from former Harris County GOP Chair Jared Woodfill, who has filed a second lawsuit against Mayor Annise Parker and the city over her decision to extend benefits to same-sex spouses.

In August, U.S. District Judge Sim Lake ordered the city to continue offering the benefits pending a final determination on the constitutionality of Texas’ same-sex marriage ban, likely to come from the U.S. Supreme Court.

Ken Upton, senior counsel at Lambda Legal, told Lone Star Q last week that the federal judge’s decision would override any decision from a state court.

“The US Constitution’s Supremacy Clause clearly provides that a decision based on federal law trumps a conflicting decision based on only state law,” Upton said last week. “This is a foundational principle that every first-year law student learns and is beyond question or doubt.”