Regarding the City of Houston law suit
I live in Texas and I watch these things happen.
It is important to note that not all local government organizations in Texas are providing same-sex benefits. They are hiding behind the question of Obergefell's scope and applicability.
This is a fight that has been going on since before Obergefell. Houston granted benefits to same-sex city employees who married in another state. A law suit came almost immediately that challenged Houston based on the state's same-sex marriage bans. The lower Court in that case enjoined Houston because at the time, Texas law's prohibited any action recognizing same-sex unions.
Obergefell was decided before the appeal, so the appeals court ruled in favor of Houston and lifted the injunction, which the Texas Supreme Court almost unanimously denied the petition (designating the lower court's decision as "pet. denied" which, under Texas law, makes that lower court's decision binding as if the Texas Supreme Court had held the exact same thing).
After a fairly compelling motion to rehear, the Texas Supreme Court decided to grant a rehearing.
Don't be fooled by the Texas Supreme Court decision.
The issue undecided within Texas, which would have caused conflicting lower court decisions, so they agreed to hear it, held that Obergefell decision was narrow, leaving state courts to determine the decision's "reach and ramifications." The Court then remanded the case back to the Harris County District Court (trial court) to address whether Obergefell applies to spousal benefits.
Very important to understand: Obergefell fails to address whether states and their political subdivisions must provide the same publicly funded benefits to all married persons.
See what happened there? Why would they do that?
The Texas Supreme Court, in holding that it cannot determine whether a lower court's decision is in correct or in error if the lower court doesn't make a decision, is inviting a decision favorable to Houston. Harris County is Houston. On appeal, the Court will likely be reviewing the merits of a decision that upholds same-sex benefits, rather than one that denies them.
The Court said (VERY IMPORTANT) that this holding does not mean Houston can “constitutionally deny benefits to its employees’ same-sex spouses” but that the lower court must determine the "reach and ramifications" of Obergefell as it applies to benefits. I think the Court is signaling how it will review a decision from the lower court, both by the statements in oral arguments and that statement above.
In oral arguments, Texas Supreme Court Justices asked the opponents about how they could argue against the Houston benefits policy while the state itself has extended benefits to same-sex spouses of its employees, to which the opponents responded that the state was bound by the federal case challenging the state’s ban on same-sex marriage because it was a named party in Obergefell. Houston was not -- AND NEITHER WAS ANY OTHER LOCAL GOVERNMENT EMPLOYER IN TEXAS.
After that ruling, Houston appealed to the SCOTUS prior to the Harris County District Court taking any action on remand. The SCOTUS rejected the appeal. Why? Texas has not made a final decision on how Obergefell applies to same-sex benefits. Houston moved too fast.
Meanwhile, benefits are still being provided.
So, you can't be tempted to accuse the blacksmith of trying to destroy the steel when he beats it with a hammer.
The Texas Supreme Court is making sure it has followed procedure and demanded a complete legal process before making a decision that will ultimately be presented to the SCOTUS. The lame-ass Jesus Nazi attempt to get the SCOTUS to overturn Obergefell is not only a hail mary, but it may end up expanding that decision to include same-sex benefits to all state and local government employers.
Without doing a complete analysis, I believe they are right that Obergefell does not extend to same-sex benefits. So, what needs to be done? The SCOTUS needs a complete top-to-bottom process to allow them to narrowly expand Obergefell to apply to same-sex benefits. Texas is providing it.
And knowing the people on the Court, I imagine the SCOTUS decision will be 6-3 split at worst. Gorsuch is will be governed by stare decisus and join Sotomayor, Keegen, Breyer, Ginsburg, and Kennedy in the majority. I wouldn't be surprised if John Roberts or Clarence Thomas didn't join the majority.
So, don't be too quick to judge. The Texas Supreme Court is fairly disciplined.
Regardless, government belongs to all of us. It is the only entity that should not be allowed to discriminate.