"What One Dedicated Judge Can Do"
By Donna Garner
12.4.16
No, taxpayers do not have to provide spousal benefits to the homosexual partners of city employees! No, the government does not have to subsidize same-sex marriage benefits for public employees!
Today the U. S. Supreme Court ruled that Houston taxpayers (Pidgeon, Hicks, Woodfill, Texas Values) may now proceed with their lawsuit challenging lesbian ex-Houston Mayor Annise Parker's 2013 plan. They intend to hold Houston accountable for Mayor Parker's lawless actions and for her unauthorized expenditures of taxpayer money.
While same-sex marriages were still illegal in Texas, Houston Mayor Parker by executive order defied the law by giving same-sex benefits to the spouses of Houston city employees who had obtained same-sex licenses in other states. The money for these benefits came out of Houston taxpayers' pockets.
Here is where the "one dedicated judge" comes in.
On 9.6.16, a majority of the Texas Supreme Court judges decided not to hear an appeal of the case brought in 2014 to stop Mayor Parker's executive order. I guess the Justices thought that since the U. S. Supreme Court had passed its landmark ruling (Obergefell v. Hodges) making same-sex marriage legal,this automatically meant that taxpayers had to pay for same-sex marriage benefits. However, there was one Texas Supreme Court Judge who carefully read the exact wording of the U. S. Supreme Court ruling and disagreed with that assumption. This "one dedicated judge" was Texas Supreme Court Judge John Devine who wrote the lone dissent.
Judge Devine explained that marriage is a fundamental right but that spousal benefits are not...Obergefell concerned access to marriage, not an Equal Protection challenge to the allocation of employment benefits
... (9.2.16 --
On 10.17.16, a large coalition of elected officials, candidates, conservative leaders, and pastors agreed with Judge Devine and filed an amicus brief requesting that the Texas Supreme Court reconsider its previous decision and hear the Pidgeon and Hicks v. Mayor Sylvester Turner and City of Houston case.
On 1.20.17 by a unanimous vote, the Texas Supreme Court Justices agreed to grant a full review of the case; and when they carefully considered the points brought out by Justice Devine and the others, they concurred.
On 6.30.17, the Texas Supreme Court ruled unanimously that the lawsuit against the mayor and the city of Houston could go forward.
Today on 12.4.17, the U. S. Supreme Court confirmed that the Texas Supreme Court Justice's 9-0 decision was correct, and the Houston taxpayers' lawsuit may go forward to hold Houston accountable for Mayor Parker's lawless actions and for her unauthorized expenditures of taxpayer money.
The reason we got to today's amazing U. S. Supreme Court decision..."What one dedicated Judge can do."
Texas Supreme Court Justice John Devine is up for re-election in Nov. 2018.
RESOURCES
9.6.16 - "Texas Supreme Court Denies Appeal on Same-Sex Benefits" - by Nicole Hudgens -- Texas Values -- https://txvalues.org/2016/09/0
10.17.16 - "Elected Officials, Candidates, Leaders Call for Texas Supreme Court to Hear Houston Same-sex Benefits Case" - by Nicole Hudgens - Texas Values --
1.20.17 - "Texas Values Applauds Texas Supreme Court in Taking Up Same-Sex Benefits Case" - by David Walls - Texas Values -- https://txvalues.org/2017/01/2
10.20.17 - "Let Texas ruling stand, opponents of gay marriages tell high court" - by Chuck Lidell - Austin American-Statesman -- http://www.mystatesman.com/new
1.20.17 - "After GOP appeal, Texas Supreme Court agrees to take up same-sex marriage case" -- by Alex Ura - Texas Tribune -- https://www.texastribune.org/2
6.30.17 - "Supreme Court Rules Against City of Houston on Same-Sex Case" - by Jonathan Saenz - Texas Values -- https://txvalues.org/2017/06/3
12.4.17 - "Victory: U. S. Supreme Court Rejects the City of Houston's Request To Review Same-Sex Benefits Case" - by Andy Hogue - Texas Values -- https://txvalues.org/2017/12/0
Donna Garner
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