A divided Texas Supreme Court declined Friday to review whether same-sex spouses of Houston city employees are constitutionally entitled to receive tax-funded spousal benefits under state law.
The petition involved the third lawsuit over a 2013 directive by former Houston Mayor Annise Parker (D) that afforded legally married same-sex spouses of city employees the same benefits as spouses in a heterosexual marriage. At that point, Texas’ ban on same-sex marriage hadn’t been struck down.
Jack Pidgeon and Larry Hicks sued the city and its current and former mayor, alleging that the Texas Family Code, which blocked the state from giving ...