Amicus Brief

Pidgeon v. Turner (Supreme Court of Texas, 2017)

This case involves a state law prohibiting government workers from receiving spousal benefits if they are married to someone of the same sex. At issue is whether Obergefell, the U.S. Supreme Court case finding prohibitions against same-sex marriage unconstitutional, compels states only to issue marriage licenses to same-sex couples, or compels states to afford same-sex couples equal treatment under the law, including access to public benefits. The Texas Supreme Court interpreted Obergefell narrowly, finding that, because it did not specifically address the question of spousal benefits, the law on the question is not clearly established. The Court thus sent the case back to the trial court to resolve the question.