SCOTUS Will Let Stand Texas Ruling Denying Same-Sex Couples Equal Spousal Benefits

This is very bad.

The U.S. Supreme Court has announced it will let stand a ruling by the Texas Supreme Court that said the right to a marriage license did not entitle same-sex couples to spousal benefits under employee insurance plans.

From The Texas Tribune:

The high court on Monday announced it would not take up the case — which centers on Houston’s policy to provide spouses of gay and lesbian employees the same government-subsidized marriage benefits it provides to opposite-sex spouses — just months after the city of Houston filed its appeal, arguing the state court’s June decision “disregarded” precedent.

In that decision, the Texas Supreme Court threw out a lower court ruling that said spouses of gay and lesbian public employees are entitled to government-subsidized marriage benefits, and it unanimously ordered a trial court to reconsider the case. The ruling found that there’s still room for state courts to explore “the reach and ramifications” of marriage-related issues that resulted from the legalization of same-sex marriage.

That’s despite the U.S. Supreme Court’s landmark ruling in Obergefell v. Hodges, which legalized same-sex marriage nationwide in 2015 and noted that now-defunct marriage laws were unequal in how they denied same-sex couples the benefits afforded to opposite-sex couples.

In its decision, the Texas Supreme Court noted that Obergefell requires states to license and recognize same-sex marriages just as they do opposite-sex marriages but did not hold that “states must provide the same publicly funded benefits to all married persons.”

That does not mean Houston can “constitutionally deny benefits to its employees’ same-sex spouses,” the court added, but the issue must now be resolved “in light of Obergefell.”

Following the Obergefell ruling, public employers in Texas, including state agencies and public universities, quickly extended marriage benefits to spouses of gay and lesbian employees.

"Equal recognition of same-sex marriage requires more than a marriage license; it requires equal access to the constellation of benefits that the state has linked to marriage," Houston attorneys wrote in their brief to the court.

This is particularly disconcerting as SCOTUS prepares to hear the case of Colorado baker Jack Phillips tomorrow who refused to bake a wedding cake for a gay couple.

All eyes will be on that ruling.