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Texas Supreme Court rules against benefits for same-sex couples

Says state workers have no right to obtain benefits for gay spouses

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Texas Supreme Court, gay news, Washington Blade
Texas Supreme Court, gay news, Washington Blade

Supreme Court of Texas has ruled no established right exists for extending benefits to same-sex couples. (Photo public domain)

Despite the U.S. Supreme Court extending marriage equality nationwide — and a recent declaration from justices affirming that decision — the Texas Supreme Court on Friday ruled against spousal benefits for married same-sex couples.

Writing for the court, Justice Jeffrey Boyd determined the 2015 decision in Obergefell v. Hodges “is not the end” on the same-sex marriage issue and state workers have no established right to obtain benefits, such as health insurance, for their same-sex spouses in the same way as other employees.

“The Supreme Court held in Obergefell that the Constitution requires states to license and recognize same-sex marriages to the same extent that they license and recognize opposite-sex marriages, but it did not hold that states must provide the same publicly funded benefits to all married persons, and — unlike the Fifth Circuit in De Leon — it did not hold that the Texas DOMAs are unconstitutional,” Boyd writes.

The 24-page ruling instructs a trial court — which had determined prior to the Obergefell ruling the state need not afford benefits to married same-sex couples — to re-examine the issue under the guidance that the DeLeon decision, a federal case that overturned the Texas same-sex marriage ban, doesn’t bind the court.

“We hold that the Fifth Circuit’s decision in De Leon does not bind the trial court on remand, and the trial court is not required to conduct its proceedings ‘consistent with’ that case,” Boyd writes.

Further, the Texas Supreme Court reverses the judgment of the Texas 14th Court of Appeals that overturned the trial court’s decision.

The case was filed by Jack Pidgeon and Larry Hicks after former Houston Mayor Annise Parker, a lesbian, instructed her city to provide spousal benefits to city employees in same-sex marriages after the Supreme Court’s 2013 ruling against the anti-gay Defense of Marriage Act. Jack Pidgeon and Larry Hicks contended state law, which at the time barred same-sex marriage, prevented Parker from taking that action.

The Texas Supreme Court decision seems to fall short of outright denying spousal benefits for married same-sex couples and instead remands the case to a trial court for reconsideration of the issue. The Texas Supreme Court also vacates the trial court’s decision barring Houston from granting spousal benefits.

The court’s ruling comes in the same week the U.S. Supreme Court issued a ruling in Pavan v. Smith affirming marriage equality nationwide, overturning an Arkansas Supreme Court decision upholding a state law against placing both lesbian parents’ names on the birth certificates of their children.

Boyd writes the Pavan decision demonstrates “the Supreme Court has taken one opportunity to address Obergefell’s impact on an issue it did not address in Obergefell, and there will undoubtedly be others.”

That’s incorrect. The U.S. Supreme Court took up the case only after the Arkansas Supreme Court issued the ruling contrary to to the Obergefell decision. The U.S. Supreme Court also said Obergefell explicitly addressed the birth certificate issue, citing plaintiffs who were seeking to place their names on their children’s birth certificates. The Obergefell ruling, the U.S. Supreme Court concluded, guarantees same-sex couples the constellation of benefits under marriage.

Boyd also notes the U.S. Supreme Court elected to take up the Masterpiece Cakeshop case, which involves a bakery refusing to make a wedding cake for a same-sex couple. But that review will address whether the First Amendment grants the right for businesses to refuse services to same-sex couples, not whether the government can deny same-sex benefits.

Kenneth Upton Jr., senior counsel in Lambda Legal’s Dallas-based South Central Regional Office, said the Texas Supreme Court decision is similarly contrary to the principles of the Obergefell ruling.

“This absurd contortion of the Obergefell ruling defies all logic and reason, especially in light of the Supreme Court’s explicit ruling on Monday that marriage is marriage and equal is equal,” Upton said. “We will take steps to protect these families.”

Eric Lesh, fair courts project director at Lambda Legal, said the ruling from the Texas Supreme Court — which is made up of justices who are elected rather than appointed — demonstrates a judiciary made up of elected justices is inadequate.

“This decision is political and is an example of why elected judges are bad for LGBT people and bad for judicial independence,” Lesh said.

Also condemning the Texas Supreme Court was GLAAD CEO Sarah Kate Ellis, who said the ruling demonstrates marriage equality isn’t safe.

“The Texas Supreme Court’s decision this morning is a warning shot to all LGBTQ Americans that the war on marriage equality is ever-evolving, and anti-LGBTQ activists will do anything possible to discriminate against our families,” Ellis said. “In the age of the Trump administration, which continues to systematically erase LGBTQ Americans from the fabric of this nation, the LGBTQ community and our allies must remain visible and push back harder than ever against attacks on acceptance.”

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New York

Men convicted of murdering two men in NYC gay bar drugging scheme sentenced

One of the victims, John Umberger, was D.C. political consultant

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(Washington Blade photo by Michael K. Lavers)

A New York judge on Wednesday sentenced three men convicted of killing a D.C. political consultant and another man who they targeted at gay bars in Manhattan.

NBC New York notes a jury in February convicted Jayqwan Hamilton, Jacob Barroso, and Robert DeMaio of murder, robbery, and conspiracy in relation to druggings and robberies that targeted gay bars in Manhattan from March 2021 to June 2022.

John Umberger, a 33-year-old political consultant from D.C., and Julio Ramirez, a 25-year-old social worker, died. Prosecutors said Hamilton, Barroso, and DeMaio targeted three other men at gay bars.

The jury convicted Hamilton and DeMaio of murdering Umberger. State Supreme Court Judge Felicia Mennin sentenced Hamilton and DeMaio to 40 years to life in prison.

Barroso, who was convicted of killing Ramirez, received a 20 years to life sentence.

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National

Medical groups file lawsuit over Trump deletion of health information

Crucial datasets included LGBTQ, HIV resources

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HHS Secretary Robert F. Kennedy Jr. is named as a defendant in the lawsuit. (Washington Blade photo by Michael Key)

Nine private medical and public health advocacy organizations, including two from D.C., filed a lawsuit on May 20 in federal court in Seattle challenging what it calls the U.S. Department of Health and Human Services’s illegal deletion of dozens or more of its webpages containing health related information, including HIV information.

The lawsuit, filed in the United States District Court for the Western District of Washington, names as defendants Robert F. Kennedy Jr., secretary of the Department of Health and Human Services (HHS) and HHS itself, and several agencies operating under HHS and its directors, including the Centers for Disease Control and Prevention, the National Institutes of Health, and the Food and Drug Administration.

“This action challenges the widespread deletion of public health resources from federal agencies,” the lawsuit states. “Dozens (if not more) of taxpayer-funded webpages, databases, and other crucial resources have vanished since January 20, 2025, leaving doctors, nurses, researchers, and the public scrambling for information,” it says.

 “These actions have undermined the longstanding, congressionally mandated regime; irreparably harmed Plaintiffs and others who rely on these federal resources; and put the nation’s public health infrastructure in unnecessary jeopardy,” the lawsuit continues.

It adds, “The removal of public health resources was apparently prompted by two recent executive orders – one focused on ‘gender ideology’ and the other targeting diversity, equity, and inclusion (‘DEI’) programs. Defendants implemented these executive orders in a haphazard manner that resulted in the deletion (inadvertent or otherwise) of health-related websites and databases, including information related to pregnancy risks, public health datasets, information about opioid-use disorder, and many other valuable resources.”

 The lawsuit does not mention that it was President Donald Trump who issued the two executive orders in question. 

A White House spokesperson couldn’t immediately be reached for comment on the lawsuit. 

While not mentioning Trump by name, the lawsuit names as defendants in addition to HHS Secretary Robert Kennedy Jr., Matthew Buzzelli, acting director of the Centers for Disease Control and Prevention; Jay Bhattacharya, director of the National Institutes of Health; Martin Makary, commissioner of the Food and Drug Administration; Thomas Engels, administrator of the Health Resources and Services Administration; and Charles Ezell, acting director of the Office of Personnel Management. 

The 44-page lawsuit complaint includes an addendum with a chart showing the titles or descriptions of 49 “affected resource” website pages that it says were deleted because of the executive orders. The chart shows that just four of the sites were restored after initially being deleted.

 Of the 49 sites, 15 addressed LGBTQ-related health issues and six others addressed HIV issues, according to the chart.   

“The unannounced and unprecedented deletion of these federal webpages and datasets came as a shock to the medical and scientific communities, which had come to rely on them to monitor and respond to disease outbreaks, assist physicians and other clinicians in daily care, and inform the public about a wide range of healthcare issues,” the lawsuit states.

 “Health professionals, nonprofit organizations, and state and local authorities used the websites and datasets daily in care for their patients, to provide resources to their communities, and promote public health,” it says. 

Jose Zuniga, president and CEO of the International Association of Providers of AIDS Care (IAPAC), one of the organizations that signed on as a plaintiff in the lawsuit, said in a statement that the deleted information from the HHS websites “includes essential information about LGBTQ+ health, gender and reproductive rights, clinical trial data, Mpox and other vaccine guidance and HIV prevention resources.”

 Zuniga added, “IAPAC champions evidence-based, data-informed HIV responses and we reject ideologically driven efforts that undermine public health and erase marginalized communities.”

Lisa Amore, a spokesperson for Whitman-Walker Health, D.C.’s largest LGBTQ supportive health services provider, also expressed concern about the potential impact of the HHS website deletions.

 “As the region’s leader in HIV care and prevention, Whitman-Walker Health relies on scientific data to help us drive our resources and measure our successes,” Amore said in response to a request for comment from  the Washington Blade. 

“The District of Columbia has made great strides in the fight against HIV,” Amore said. “But the removal of public facing information from the HHS website makes our collective work much harder and will set HIV care and prevention backward,” she said. 

The lawsuit calls on the court to issue a declaratory judgement that the “deletion of public health webpages and resources is unlawful and invalid” and to issue a preliminary or permanent injunction ordering government officials named as defendants in the lawsuit “to restore the public health webpages and resources that have been deleted and to maintain their web domains in accordance with their statutory duties.”

It also calls on the court to require defendant government officials to “file a status report with the Court within twenty-four hours of entry of a preliminary injunction, and at regular intervals, thereafter, confirming compliance with these orders.”

The health organizations that joined the lawsuit as plaintiffs include the Washington State Medical Association, Washington State Nurses Association, Washington Chapter of the American Academy of Pediatrics, Academy Health, Association of Nurses in AIDS Care, Fast-Track Cities Institute, International Association of Providers of AIDS Care, National LGBT Cancer Network, and Vermont Medical Society. 

The Fast-Track Cities Institute and International Association of Providers of AIDS Care are based in D.C.

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U.S. Federal Courts

Federal judge scraps trans-inclusive workplace discrimination protections

Ruling appears to contradict US Supreme Court precedent

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Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas (Screen capture: YouTube)

Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas has struck down guidelines by the U.S. Equal Employment Opportunity Commission designed to protect against workplace harassment based on gender identity and sexual orientation.

The EEOC in April 2024 updated its guidelines to comply with the U.S. Supreme Court’s ruling in Bostock v. Clayton County (2020), which determined that discrimination against transgender people constituted sex-based discrimination as proscribed under Title VII of the Civil Rights Act of 1964.

To ensure compliance with the law, the agency recommended that employers honor their employees’ preferred pronouns while granting them access to bathrooms and allowing them to wear dress code-compliant clothing that aligns with their gender identities.

While the the guidelines are not legally binding, Kacsmaryk ruled that their issuance created “mandatory standards” exceeding the EEOC’s statutory authority that were “inconsistent with the text, history, and tradition of Title VII and recent Supreme Court precedent.”

“Title VII does not require employers or courts to blind themselves to the biological differences between men and women,” he wrote in the opinion.

The case, which was brought by the conservative think tank behind Project 2025, the Heritage Foundation, presents the greatest setback for LGBTQ inclusive workplace protections since President Donald Trump’s issuance of an executive order on the first day of his second term directing U.S. federal agencies to recognize only two genders as determined by birth sex.

Last month, top Democrats from both chambers of Congress reintroduced the Equality Act, which would codify LGBTQ-inclusive protections against discrimination into federal law, covering employment as well as areas like housing and jury service.

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