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Texas Messes With Marriage Equality

Texas Messes With Marriage Equality”

The case was taken in response to the US Supreme Court's 2015 ruling in Obergefell v. Hodges, which legalized same-sex marriage and required governmental departments to allocate benefits to same-sex spouses of governmental employees.

Rights groups for lesbian, gay, bisexual and transgender (LGBT) people contended the plaintiffs were trying to erode the U.S. Supreme Court's decision. In fact, the court in this deeply red state has been all-Republican since 1999.

Jim Obergefell speaks at a press conference at the state capitol in Austin, Texas, following the Supreme Court ruling on marriage equality in June 2015.

"The Texas Supreme Court's decision this morning is a warning shot to all LGBTQ Americans that the war on marriage equality is ever-evolving".

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We can not resolve the parties' claims now, however, because they have not yet been fully developed or litigated. According to the court, Obergefell "did not address and resolve" the "specific issue" of state spousal benefits.

Lawyers for the city of Houston argued, in part, that opponents are without a legal avenue to even pursue their claims because the city's policy is protected under Obergefell, which they pointed out explicitly addressed "marriage-related benefits".

This "reasoning" would be laughable if it weren't so harmful. That allowed the lower court decision to stand.

As for Masterpiece Cakeshop, that case has nothing to do with marriage. When a married woman gives birth in Arkansas, state law generally requires the name of the mother's male spouse to appear on the child's birth certificate-regardless of his biological relationship to the child. This has nothing to do with some kind of "open question" left unaddressed by Obergefell.

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This maneuver is an oblique way for Texas Supreme Court to defy Obergefell without acknowledging what it's doing. Instead, it seems more like a desperate effort to reach the result the justices prefer.

They lost their case and, in September, the state Supreme Court initially rejected their appeal. Today's ruling tells us a great deal about the kind of justices and judges Trump wants to fill the federal bench with. The city argued that the gay marriage ruling meant all marriages are equal, so anything offered to opposite-sex couples must be offered to same-sex ones.

This court ruling has not resonated well with LGBTQ advocates, many of whom have pledged to take a stand against the decision.

Sarah Kate Ellis, the CEO of LGBTQ media advocacy organization GLAAD, said: "The LGBTQ community and our allies must remain visible and push back harder than ever against attacks on acceptance".

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