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Texas tries to revoke some same-sex marriage rights

Trump has said same-sex marriage is the law of the land, reserving his ire for Roe v. Wade. But conservative justices of the kind he has promised to appoint would almost certainly reverse the recent Obergefell decision.

By Noah Feldman | Updated on January 24, 2017
Trump has said same-sex marriage “is the law of the land,” reserving his ire for Roe v. Wade. But conservative justices of the kind he has promised to appoint would almost certainly reverse the recent Obergefell decision. (Photo: iStock)

The Texas Supreme Court has agreed to reconsider a case about whether married gay city employees must be given spousal benefits. That’s a terrible sign. The briefs openly urge the court to resist the U.S. Supreme Court’s landmark gay marriage decision by reading it narrowly to say that gay people have a fundamental right to marry but no right to equal benefits.

It’s a legally deceptive argument, which the current justices in Washington would summarily reject. But it’s dangerous all the same, because it shows that Donald Trump’s election is spurring outright resistance to federal law and precedent. And the Texas justices, who are elected, have no excuse for agreeing to reconsider the case.

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