(http://www.slate.com/content/dam/slate/blogs/outward/2017/01/23/170123_OUT_TexasSC.jpg.CROP.promo-xlarge2.jpg)
Back in September, the Texas Supreme Court refused to review a lower court ruling that cities may not deny married same-sex couples the benefits it provides to opposite-sex couples. That was a sensible decision, since this is an easy question: The U.S. Supreme Court’s same-sex marriage decisions undoubtedly prohibit the government from depriving couples of marriage rights merely because they are gay. Yet the Texas Supreme Court’s inaction prompted outrage from state Republican officials and anti-gay activists, who urged the justices, who are elected, to take the case and allow Texas cities to discriminate against same-sex couples. And on Friday, the court took the first step, caving to Republican demands and agreeing to hear the case in March—a worrying sign that the justices, fearful of a re-election fight, may soon yield to political pressure and roll back marriage equality in Texas.
Mark Joseph Stern
MARK JOSEPH STERN
Mark Joseph Stern is a writer for Slate. He covers the law and LGBTQ issues.
To grasp why the court’s Friday reversal is so worrying, it’s important to understand that the argument in favor of anti-gay discrimination is extraordinarily weak, almost embarrassingly so. Here’s the background: In 2013, a same-sex couple sued Houston for depriving gay city employees of spousal benefits. The city attorney advised the mayor that, in light of United States v. Windsor, the couple was correct that the city policy violated the Constitution. In response, the mayor agreed to provide spousal benefits to all couples, gay or straight. This concession enraged anti-gay advocates, who asked the courts to compel Houston to enforce its anti-gay benefits policy. Eventually, an appeals court sided with the city, finding that the anti-gay policy did, indeed, violate the U.S. Constitution and thus could not be enforced. (That’s the decision the Texas Supreme Court will now review.)
How could an explicitly anti-gay spousal benefits policy pass muster in light of Windsor and Obergefell, which established a constitutional right for same-sex couples to marry? Gay rights opponents alleged that these decisions were essentially limited to same-sex couples’ right to obtain a marriage certificate—and that the government retains the power to deny them other rights and privileges associated with marriage. As long as states let gay people get married, they argue, the government can still treat their marriages as inferior to opposite-sex unions.
At least one Texas Supreme Court justice is on the record endorsing this theory. Justice John Devine, the court’s fiercest culture warrior, wrote in September that the court should have taken the case and permitted Houston (and other Texas cities) to refuse spousal benefits to same-sex couples. “Marriage is a fundamental right,” Devine wrote. “Spousal benefits are not.” He explained that Texas has an “interest in encouraging procreation,” speculating that “offering certain benefits to opposite-sex couples would encourage procreation within marriage.”
After all, benefits such as health insurance provide financial security as couples decide whether to have a child. An opposite-sex marriage is the only marital relationship where children are raised by their biological parents. In any other relationship, the child must be removed from at least one natural parent, perhaps two, before being adopted by her new parent(s). This does not diminish any child’s inherent dignity, a fact the City presumably recognizes by extending benefits to their employees’ children regardless of the employees’ marital status. But it does explain why the State might choose to direct resources to opposite-sex couples.
The problem with this argument is that it is entirely, explicitly, indisputably foreclosed by Windsor and Obergefell. In Obergefell, the court did not merely guarantee marriage licenses to same-sex couples; it required states to recognize same-sex marriages “on the same terms and conditions as opposite-sex couples.” The meaning of this stipulation is pellucidly clear: When a state grants marriage-related rights—whether they relate to adoption or birth certificates or state employment benefits—it must provide them to all couples, gay or straight. Anything less constitutes a violation of the Due Process and Equal Protection clauses of the 14th Amendment.
Moreover, the notion that the government has a legitimate interest in favoring the biological children of opposite-sex couples over the adopted children of same-sex couples is just plain wrong. Indeed, Devine’s insulting claim is unequivocally proscribed by Windsor and Obergefell. When the Windsor court struck down the Defense of Marriage Act, it found that the law’s effect of “humiliat[ing]” the children of same-sex couples contributed to its unconstitutionality. “The law in question,” the court wrote, “makes it even more difficult for the children to understand the integrity and closeness of their own family and its concord with other families in their community and in their daily lives.” In Obergefell, the court held that the right to marry is constitutionally significant in part because it “safeguards children and families.” As Justice Anthony Kennedy opined:
Without the recognition, stability, and predictability marriage offers, their children suffer the stigma of knowing their families are somehow lesser. They also suffer the significant material costs of being raised by unmarried parents, relegated through no fault of their own to a more difficult and uncertain family life. The marriage laws at issue here thus harm and humiliate the children of same-sex couples.
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Windsor and Obergefell, then, stand for the exact opposite of the proposition currently being asserted in Texas—that the government can deny marriage benefits to same-sex couples because their children are often non-biological and therefore less deserving. These cases considered and rejected that claim, deciding instead that the children of all couples, gay or straight, must receive the equal protection of the laws.
There is simply no honest or logical way to argue that Houston may constitutionally deprive same-sex couples of marriage benefits. Yet the Texas Supreme Court justices will soon devote considerable time to this painfully easy question—solely because Republican politicians and activists urged them to—and may arrive at the wrong conclusion because they fear a nasty re-election battle. The fight to roll back marriage equality in the Trump era has begun. And in Texas, anti-gay forces stand a good chance of scoring a devastating victory.
http://www.slate.com/blogs/outward/2017/01/23/texas_supreme_court_may_roll_back_same_sex_marriage_rights.html
the white gay Rainbow brigade is about to be in a RAGE in Tex'
(http://i.imgur.com/WOTRNWG.jpg?1)
let me cahl nick up
so glad I live in NY smh
tragic
Next there will be gay registrations and before you know it conversion camps. I see you Putin and pence. They will do anything to keep y'all from voting next round. :raycharles2urmess:
Roll back?
As in they canceling it there? :guys:
Ffff
What's happening
bitch i wont b getting married here so it dont matter .. the KI is on them
Republicans are about to reverse EVERYTHING that Obama did while he was in office.
They have been itching to to do all of this shit. :dead: America is about to be a scary place for the next 4 years.
and yall think this is funny.. its only gonna get worse from here smh
Quote from: glock on January 25, 2017, 12:29:35 AM
Roll back?
As in they canceling it there? :guys:
Ffff
What's happening
QuoteAnd on Friday, the court took the first step, caving to Republican demands and agreeing to hear the case in March
Quote from: Baphomet. on January 25, 2017, 12:33:00 AM
Republicans are about to reverse EVERYTHING that Obama did while he was in office.
They have been itching to to do all of this shit. :dead: America is about to be a scary place for the next 4 years.
It can be really only 2 years if people vote out some of these politicians come Nov 2018
Quote from: AYR on January 25, 2017, 12:36:09 AM
Quote from: glock on January 25, 2017, 12:29:35 AM
Roll back?
As in they canceling it there? :guys:
Ffff
What's happening
QuoteAnd on Friday, the court took the first step, caving to Republican demands and agreeing to hear the case in March
im appalled :uhh:
WTF is wrong with them
Why the fuck do they damn care
Quote from: iSleigh on January 25, 2017, 12:22:33 AM
Next there will be gay registrations and before you know it conversion camps. I see you Putin and pence. They will do anything to keep y'all from voting next round. :raycharles2urmess:
!!!!!!!!!!!!!
like ... the shit is really about to hit the fan
Quote from: TEXASbama on January 25, 2017, 12:34:34 AM
and yall think this is funny.. its only gonna get worse from here smh
Its not anything to get bent out of a twinks shape about
states rights have always had some weird things goin awn
may be time to move sis
how could you be around all this racism and hatred
(http://25.media.tumblr.com/02e1bc540d022326b247ba131a4564da/tumblr_mi004fV87U1qgcra2o2_250.gif)
Gross
Quote from: TEXASbama on January 25, 2017, 12:34:34 AM
and yall think this is funny.. its only gonna get worse from here smh
!!!
Nothing to kii about
Mhasnt even been a fucking WEEK and everything Is going down hill
Quote from: formate on January 25, 2017, 12:27:42 AM
Quote from: Baphomet. on January 25, 2017, 12:12:11 AM
(http://www.slate.com/content/dam/slate/blogs/outward/2017/01/23/170123_OUT_TexasSC.jpg.CROP.promo-xlarge2.jpg)
n
u r so jealous of me
Quote from: BENTLEY. on January 25, 2017, 12:47:51 AM
Quote from: iSleigh on January 25, 2017, 12:22:33 AM
Next there will be gay registrations and before you know it conversion camps. I see you Putin and pence. They will do anything to keep y'all from voting next round. :raycharles2urmess:
!!!!!!!!!!!!!
like ... the shit is really about to hit the fan
Quote from: formate on January 25, 2017, 12:27:42 AM
Quote from: Baphomet. on January 25, 2017, 12:12:11 AM
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n
cvccc these white robes painted blk
Quote from: TEXASbama on January 25, 2017, 12:34:34 AM
and yall think this is funny.. its only gonna get worse from here smh
ur right
sdfsd this front row
Texas is so embarrassing at times
(https://uploadir.com/u/7ykg8ecw)
Quote from: Baphomet. on January 25, 2017, 12:33:00 AM
Republicans are about to reverse EVERYTHING that Obama did while he was in office.
They have been itching to to do all of this shit. :dead: America is about to be a scary place for the next 4 years.
Did you vote hun :guys:?
These grinning white faces are creeping me TF out.
But this is no surprise and it's only the beginning.
Quote from: Uni on January 25, 2017, 08:15:58 AM
sdfsd this front row
they mad cause I fucked on of their sons tbh quite frank and im coming for that top rows next!
D
Quote from: TEXASbama on January 25, 2017, 10:16:29 AM
Quote from: Uni on January 25, 2017, 08:15:58 AM
sdfsd this front row
they mad cause I fucked on of their sons tbh quite frank and im coming for that top rows next!
JESUS. !!
Quote from: Baphomet. on January 25, 2017, 12:12:11 AM
(http://www.slate.com/content/dam/slate/blogs/outward/2017/01/23/170123_OUT_TexasSC.jpg.CROP.promo-xlarge2.jpg)
not one minority
(https://uploadir.com/u/7ykg8ecw)
G
Well it's Texas!
Not "roll back"
:omgwatshappening: :omgwatshappening: :omgwatshappening:
Quote from: CDY on January 25, 2017, 10:29:51 AM
Quote from: Baphomet. on January 25, 2017, 12:12:11 AM
(http://www.slate.com/content/dam/slate/blogs/outward/2017/01/23/170123_OUT_TexasSC.jpg.CROP.promo-xlarge2.jpg)
not one minority
(https://uploadir.com/u/7ykg8ecw)
Not so fast. My sis in the middle looks a lil mixed.
(https://uploadir.com/u/7ykg8ecw)
Quote from: Shuji Shuriken on January 25, 2017, 08:37:01 AM
Quote from: Baphomet. on January 25, 2017, 12:33:00 AM
Republicans are about to reverse EVERYTHING that Obama did while he was in office.
They have been itching to to do all of this shit. :dead: America is about to be a scary place for the next 4 years.
Did you vote hun :guys:?
v
Umm. Yea.
dfmnnnn
Is it Walmart?
Godspeed y'all
(https://uploadir.com/u/7ykg8ecw)
Gggggffffff
Quote from: Nine on January 25, 2017, 04:03:11 PM
dfmnnnn
Is it Walmart?
Godspeed y'all
(https://uploadir.com/u/7ykg8ecw)
bCcCCCVCCCXCCV
This honestly doesn't bother me as much as it probably should. I'm actually looking forward to the White gays crying and playing victim.
Quote from: MΛΥDΛΥ on January 25, 2017, 04:36:10 PM
This honestly doesn't bother me as much as it probably should. I'm actually looking forward to the White gays crying and playing victim.
cccvvbbvv
Yeah I was cackling about that but I don't want it to actually happen
9 times outta ten they hate blacks too
:calmdownsis:
Quote from: BowDown on January 25, 2017, 03:50:28 PM
Not "roll back"
:omgwatshappening: :omgwatshappening: :omgwatshappening:
oifds;kafje;tja;sjfd;df
a wal-mart promotion mess
:dead: @ phaggs having to put their marriage certificates in storage for the next 4 years :kii:
:blessed:
Quote from: GRAND SUPREME MARSHALL on January 25, 2017, 04:37:34 PM
Quote from: MΛΥDΛΥ on January 25, 2017, 04:36:10 PM
This honestly doesn't bother me as much as it probably should. I'm actually looking forward to the White gays crying and playing victim.
cccvvbbvv
Yeah I was cackling about that but I don't want it to actually happen
9 times outta ten they hate blacks too
:calmdownsis:
I already know they hate us Blacks. We're always hated. Kinda gotten used to it by now.
I want the gay White gorls to crumble a bit. Is that so bad? :ohwow:
Quote from: witch on January 25, 2017, 04:40:42 PM
:blessed:
:kii: :kii: :kii: :kii: :kii: :kii: :kii: :kii: :kii: :kii: :kii:
Quote from: MΛΥDΛΥ on January 25, 2017, 04:47:17 PM
Quote from: GRAND SUPREME MARSHALL on January 25, 2017, 04:37:34 PM
Quote from: MΛΥDΛΥ on January 25, 2017, 04:36:10 PM
This honestly doesn't bother me as much as it probably should. I'm actually looking forward to the White gays crying and playing victim.
cccvvbbvv
Yeah I was cackling about that but I don't want it to actually happen
9 times outta ten they hate blacks too
:calmdownsis:
I already know they hate us Blacks. We're always hated. Kinda gotten used to it by now.
I want the gay White gorls to crumble a bit. Is that so bad? :ohwow:
Will the old white polar bear man you snuggle up to at night crumble? How does he feel?
What about the pasty twinks that tie a noose around ya neck every night during ya slave role plays
m
how bout dah
:kii: :kii: :kii: :kii: :kii: :kii:
Lol these comments are proof that u cant be about the cause layin with a perckerwood
Yh
Where's your wife?
Quote from: Nude on January 25, 2017, 05:33:15 PM
Yh
Where's your wife?
ddsdsdsdsdsdsdsdsdsdsdsdsdsdsdsds
The wife i divorced ?
Yeah she chillin
Quote from: Nude on January 25, 2017, 05:33:15 PM
Yh
Where's your wife?
fffffffffffffffffffffffffffffff
yea shut it lew
Quote from: TheNextLew on January 25, 2017, 05:49:49 PM
The wife i divorced ?
Yeah she chillin
you're still married in the eyes of the lawd
Quote from: TheNextLew on January 25, 2017, 05:49:49 PM
The wife i divorced ?
Yeah she chillin
mmmmmds
Jayd' was coming on to you I believe
Quote from: Nine on January 25, 2017, 06:13:10 PM
Quote from: TheNextLew on January 25, 2017, 05:49:49 PM
The wife i divorced ?
Yeah she chillin
mmmmmds
Jayd' was coming on to you I believe
I believe you need to brush
(https://uploadir.com/u/7ykg8ecw)
Quote from: Nude on January 25, 2017, 05:12:36 PM
What about the pasty twinks that tie a noose around ya neck every night during ya slave role plays
Im a Dom that would never happen hun
Quote from: GRAND SUPREME MARSHALL on January 25, 2017, 06:11:33 PM
Quote from: TheNextLew on January 25, 2017, 05:49:49 PM
The wife i divorced ?
Yeah she chillin
you're still married in the eyes of the lawd
QuoteEZRA CH10 V 10-11
10 Then Ezra the priest stood up and said to them, ?You have been unfaithful; you have married foreign women, adding to Israel?s guilt. 11 Now honor[a] the Lord, the God of your ancestors, and do his will. Separate yourselves from the peoples around you and from your foreign wives.?
:gotchafag: READ YA BIBLE :roflmao:
So you were unfaithful?
Fggghhhhhh roll back our wigs, king
These Gays For Trump crackers must be in SHAMBLES. They were sure nothing remotely like this would 'ppen :oof: :blessed:
we made so much progress in the world and now its going backwards... a shame.
Quote from: joellefan on January 26, 2017, 11:40:31 AM
we made so much progress in the world and now its going backwards... a shame.
n
Not a shame for everyone sis. There's a good portion of outsiders that want to see you gors crumble and fall. They see Trump as the catalyst for that. The US is gonna implode tbqfhwy and some of the gors are ELATED :blessed:
I know I am
:popeyes:
Quote from: Shuji Shuriken on January 26, 2017, 12:11:53 PM
Quote from: joellefan on January 26, 2017, 11:40:31 AM
we made so much progress in the world and now its going backwards... a shame.
n
Not a shame for everyone sis. There's a good portion of outsiders that want to see you gors crumble and fall. They see Trump as the catalyst for that. The US is gonna implode tbqfhwy and some of the gors are ELATED :blessed:
njjjjjjkjjijjjhiljjjkkkkjuuu