Supreme Court Affirms Marriage Equality, Texas Court Rails Against

Marriage Equality

The US Supreme Court Monday reaffirmed Marriage Equality on the second anniversary of the Court’s decision in Obergefell while Texas continued their war on LGBT rights questioned the Supreme court ruling, opening it to debate.

The Supreme Court issued a short opinion this week that reaffirms its decision in Obergefell v. Hodges that struck down bans on same-sex marriage nationwide and ruled that an Arkansas law that treated lesbian and gay parents differently from opposite-sex parents:

WASHINGTON — The Supreme Court on Monday reaffirmed its 2015 decision recognizing a constitutional right to same-sex marriage, ruling that states may not treat married same-sex couples differently from others in issuing birth certificates.

The decision was unsigned. Justice Neil M. Gorsuch, joined by Justices Clarence Thomas and Samuel A. Alito Jr., dissented.

The case concerns an Arkansas law about birth certificates that treats married opposite-sex couples differently from same-sex ones. Get the details Outside The Beltway

Meanwhile, in Texas, the state government’s unrelenting war on LGBT people continues. The state Supreme Court reopened a lawsuit challenging Houston’s policy of covering same-sex partners of city employees in health benefits.

The Texas Supreme Court initially declined to hear the case.  However, after a concerted campaign led by Texas Gov. Greg Abbott, Lt. Gov. Dan Patrick and Attorney General Ken Paxton, and the violent extremist group  “Texas Freedom Caucus” the Court reversed itself and agreed to hear the case.

Amended birth certificates were a focal point for Texas anti-transgender bathroom bills this past session and will be this summer during the special session. Although the process for Texas trans people isn’t listed on the state site it is possible according to National Center For Trans Equality and the Lambda Legal State by State Guide

Marriage Equality

On Monday the Court reiterated the breadth of the Obergefell ruling:

“As we explained [in Obergefell], a State may not ‘exclude same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples.’ Indeed, in listing those terms and conditions — the ‘rights, benefits, and responsibilities’ to which same-sex couples, no less than opposite-sex couples, must have access — we expressly identified ‘birth and death certificates.’ That was no accident…”

“Similarly the original decision in Obergefell listed health insurance,” Upton added.

Upton said Lambda Legal plans to work with City of Houston attorneys on next steps.

Kelli Busey
Editor in Chief at

Kelli Busey an outspoken gonzo style journalist has been writing since 2007. In 2008, she brought the Dallas Advocate on-line and has articles published by the Reconciling Ministries Network, The Transsexual Menace, The Daily Kos, Frock Magazine the TransAdvocate, the Dallas Voice and The Advocate. Kelli, an avid runner is editor in chief at Planet Transgender which she founded in 2007.

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