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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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Eswatini

PEPFAR delivers first doses of groundbreaking HIV prevention drug to two African countries

Lenacapavir now available in Eswatini and Zambia.

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World AIDS Day 2023 at the White House. PEPFAR has distributed the first doses of lenacapavir to the African countries of Eswatini and Zambia. (Washington Blade Photo by Michael Key)

The State Department on Tuesday announced PEPFAR has delivered the first doses of a groundbreaking HIV prevention drug to two African countries.

The lenacapavir doses arrived in Eswatini and Zambia.

The State Department in September unveiled an initiative with Gilead Sciences to bring lenacapavir “to market in high-burden HIV countries.”

Lenacapavir users inject the drug twice a year.

The State Department in its September announcement noted everyone who participated in Gilead’s clinical trials remained HIV negative. It also said lenacapavir “has the potential to be particularly helpful for pregnant and breastfeeding mothers, as it safely protects them during and after pregnancy to prevent mother-to-child transmission.”

“In our new America First Global Health Strategy, the Department of State is establishing a first-of-its-kind innovation fund to support American-led research, market-shaping, and other dynamic advancements in global health,” said PEPFAR on Tuesday in a press release.

“The arrivals of the first doses of lenacapavir in Eswatini and Zambia mark an important milestone in HIV prevention and reflect our commitment to supporting communities with the greatest need,” added Gilead CEO Daniel O’Day. “For the first time, a new HIV medicine is reaching communities in sub-Saharan Africa in the same year as its U.S. approval.”

The September announcement came against the backdrop of widespread criticism over the Trump-Vance administration’s reported plans to not fully fund PEPFAR and to cut domestic HIV/AIDS funding. The Washington Blade has previously reported PEPFAR-funded programs in Kenya and other African countries have been forced to curtail services or even close because of U.S. funding cuts.

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National

213 House members ask Speaker Johnson to condemn anti-trans rhetoric

Letter cites ‘demonizing and dehumanizing’ language

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Rep. Sarah McBride is the first signatory to the letter asking Speaker Johnson to condemn anti-trans rhetoric. (Washington Blade file photo by Michael Key)

The Congressional Equality Caucus has sent a letter urging Speaker of the House Mike Johnson to condemn the surge in anti-trans rhetoric coming from members of Congress.

The letter, signed by 213 members, criticizes Johnson for permitting some lawmakers to use “demonizing and dehumanizing” language directed at the transgender community.

The first signature on the letter is Rep. Sarah McBride of Delaware, the only transgender member of Congress.

It also includes signatures from Leader Hakeem Jeffries (NY-08), Democratic Whip Katherine Clark (MA-05), House Democratic Caucus Chair Pete Aguilar (CA-33), every member of the Congressional Equality Caucus, and members of every major House Democratic ideological caucus.

Some House Republicans have used slurs to address members of the transgender community during official business, including in committee hearings and on the House floor.

The House has strict rules governing proper language—rules the letter directly cites—while noting that no corrective action was taken by the Chair or Speaker Pro Tempore when these violations occurred.

The letter also calls out members of Congress—though none by name—for inappropriate comments, including calls to institutionalize all transgender people, references to transgender people as mentally ill, and false claims portraying them as inherently violent or as a national security threat.

Citing FBI data, the letter notes that 463 hate crime incidents were reported due to gender identity bias. It also references a 2023 Williams Institute report showing that transgender people are more than four times more likely than cisgender people to experience violent victimization, despite making up less than 2% of the U.S. population.

The letter ends with a renewed plea for Speaker Johnson to take appropriate measures to protect not only the trans member of Congress from harassment, but also transgender people across the country.

“We urge you to condemn the rise in dehumanizing rhetoric targeting the transgender community and to ensure members of your conference are abiding by rules of decorum and not using their platforms to demonize and scapegoat the transgender community, including by ensuring members are not using slurs to refer to the transgender community.”

The full letter, including the complete list of signatories, can be found at equality.house.gov. (https://equality.house.gov/sites/evo-subsites/equality.house.gov/files/evo-media-document/letter-to-speaker-johnson-on-anti-transgender-rhetoric-enforcing-rules-of-decorum.pdf

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The White House

EXCLUSIVE: Garcia, Markey reintroduce bill to require US promotes LGBTQ rights abroad

International Human Rights Defense Act also calls for permanent special envoy

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The U.S. Embassy in El Salvador marks Pride in 2023. (Photo courtesy of the U.S. Embassy of El Salvador's Facebook page.)

Two lawmakers on Monday have reintroduced a bill that would require the State Department to promote LGBTQ rights abroad.

A press release notes the International Human Rights Defense Act that U.S. Sen. Edward Markey (D-Mass.) and U.S. Rep. Robert Garcia (D-Calif.) introduced would “direct” the State Department “to monitor and respond to violence against LGBTQ+ people worldwide, while creating a comprehensive plan to combat discrimination, criminalization, and hate-motivated attacks against LGBTQ+ communities” and “formally establish a special envoy to coordinate LGBTQ+ policies across the State Department.”

 “LGBTQ+ people here at home and around the world continue to face escalating violence, discrimination, and rollbacks of their rights, and we must act now,” said Garcia in the press release. “This bill will stand up for LGBTQ+ communities at home and abroad, and show the world that our nation can be a leader when it comes to protecting dignity and human rights once again.”

Markey, Garcia, and U.S. Rep. Sara Jacobs (D-Calif.) in 2023 introduced the International Human Rights Defense Act. Markey and former California Congressman Alan Lowenthal in 2019 sponsored the same bill.

The promotion of LGBTQ and intersex rights was a cornerstone of the Biden-Harris administration’s overall foreign policy.

The global LGBTQ and intersex rights movement since the Trump-Vance administration froze nearly all U.S. foreign aid has lost more than an estimated $50 million in funding.

The U.S. Agency for International Development, which funded dozens of advocacy groups around the world, officially shut down on July 1. Secretary of State Marco Rubio earlier this year said the State Department would administer the remaining 17 percent of USAID contracts that had not been cancelled.

Then-President Joe Biden in 2021 named Jessica Stern — the former executive director of Outright International — as his administration’s special U.S. envoy for the promotion of LGBTQ and intersex rights.

The Trump-Vance White House has not named anyone to the position.

Stern, who co-founded the Alliance for Diplomacy and Justice after she left the government, is among those who sharply criticized the removal of LGBTQ- and intersex-specific references from the State Department’s 2024 human rights report.

“It is deliberate erasure,” said Stern in August after the State Department released the report.

The Congressional Equality Caucus in a Sept. 9 letter to Rubio urged the State Department to once again include LGBTQ and intersex people in their annual human rights reports. Garcia, U.S. Reps. Julie Johnson (D-Texas), and Sarah McBride (D-Del.), who chair the group’s International LGBTQI+ Rights Task Force, spearheaded the letter.

“We must recommit the United States to the defense of human rights and the promotion of equality and justice around the world,” said Markey in response to the International Human Rights Defense Act that he and Garcia introduced. “It is as important as ever that we stand up and protect LGBTQ+ individuals from the Trump administration’s cruel attempts to further marginalize this community. I will continue to fight alongside LGBTQ+ individuals for a world that recognizes that LGBTQ+ rights are human rights.”

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