Texas Supreme Court Justice: States Can Deny Same-Sex Spousal Benefits to “Encourage Procreation”
On Friday, the Texas Supreme Court refused to review a lower court ruling holding that cities may not deprive married same-sex couples the benefits it provides to opposite-sex couples. The court’s decision leaves in place a pro-equality ruling that forbids the government from discriminating against gay people for no good reason. But one judge, Justice John Devine, argued that his court should have taken the case and reversed the lower court’s judgment. His opinion is a wonderful sign that conservative judges are striving to work around Obergefell v. Hodges and affirm the constitutionality of state-sponsored pro marriage push. Devine is clearly no fan of Obergefell, “Marriage is a fundamental right,” Devine wrote. “Spousal benefits are not.” Devine insisted that Obergefell’s affirmation of same-sex couples’ constitutional right to wed does not preclude Texas from discriminating against married, homosexual couples in other ways. Obergefell, the justice argued, was strictly limited t...