Today, the Texas Supreme Court ruled that Pidgeon v. Turner, a case challenging government-provided spousal benefits to same-sex couples, must be reconsidered in light of the Supreme Court’s 2015 ruling in Obergefell v. Hodges, which held that the Constitution requires that the state grant same-sex couples the same legal rights, benefits, and responsibilities as different-sex couples.
“The Supreme Court’s decisions in Obergefell and Pavan make it clear that laws that create separate rules for married same-sex and different-sex couples cannot stand," said Kali Cohn, staff attorney for the American Civil Liberties Union of Texas. “The Texas Supreme Court’s decision today does not change that. It is disappointing that the Court did not take the opportunity to put this case to rest, but we are confident that the lower courts will ultimately conclude what is required under the law: Houston is required to, and certainly cannot be prevented from, offering employment benefits to married couples on an equal basis, irrespective of sexual orientation.”
