Pidgeon v. Turner (Opinion)Annotate this Case
In 2013, the Mayor of Houston directed that same-sex spouses of employees who have been legally married in another jurisdiction be afforded the same benefits as spouses of a heterosexual marriage. Plaintiffs, Houston taxpayers and voters, filed suit against the City and its Mayor challenging the Mayor’s directive authorizing expenditures and the City’s provision of benefits pursuant to that directive. Specifically, Plaintiffs argued that the Mayor’s directive authorizing the expenditures violated Texas’s and the City’s defense of marriage acts. The trial court granted a temporary injunction prohibiting the Mayor from furnishing benefits to persons who were married in other jurisdictions to City employees of the same sex. While Defendants’ interlocutory appeal was pending, the United States Supreme Court held in Obergefell v. Hodges, __ U.S. __ (2015) that states may not exclude same sex couples from civil marriage on the same terms and conditions as opposite sex couples. The court of appeals subsequently reversed the temporary injunction and remanded the case. The Supreme Court reversed the court of appeals’ judgment, vacated the trial court’s orders and remanded, holding that the court’s opinion and judgment imposed greater restrictions on remand the Obergefell and this court’s precedent required.