Texas Insider Report: AUSTIN Texas This is the fourth time a court has ruled against the City of Houston in this case. Its utterly irresponsible that the city continues to violate the law and spend 1000s upon 1000s of taxpayer dollars on a legal matter that they keep losing" said Jonathan Saenz (right) of the Texas Values organization one of the groups that argued for the winning Houston taxpayers in the case.
In a major victory for Texas Values and Houston taxpayers a federal judge has once again rejected the City of Houstons efforts to transfer a lawsuit over the illegal benefits it provides to same-sex couples into Federal Court.
The judge found the citys arguments for federal jurisdiction was baseless and took the extraordinary step of ordering the city to pay the plaintiffs attorneys fees.
Texas Values attorney Jonathan Saenz and trial counsel for the prevailing Houston taxpayers Jared Woodfill were members of the legal team representing the Houston taxpayers in this case.
The case dates back to 2013 when former Mayor Annise Parker (left) defied state law and ordered the City of Houston to recognize same-sex marriages" from other states even though Texas law prohibited same-sex marriage and the U.S. Supreme Court had not yet ruled that same-sex marriage was a constitutional right.
Houston taxpayers Jack Pidgeon and Larry Hicks promptly sued Mayor Parker and the city of Houston in state court.
This marks the second time that the City of Houston has unsuccessfully attempted to transfer this litigation into federal court. In 2013 the citys lawyers tried to move this case to federal court but were rebuffed in a comprehensive opinion from U.S. District Judge Lee Rosenthal.
Last month in defiance of the earlier ruling the citys lawyers again sought to transfer the case to federal court. The federal district judge ruling in that case returned it to state court and ordered the city to pay the plaintiffs attorneys fees.
- The federal court order may be found here.
Once again the City of Houston continues to delay having a court rule on Mayor Parkers unlawful executive order regarding using taxpayer dollars to fund same-sex benefits" said Jared Woodfill trial counsel for the prevailing Houston taxpayers.
I am thankful that the federal court promptly disposed of the City of Houstons meritless motion and sent the case back to state court Woodfill said.
Taxpayers Jack Pidgeon and Larry Hicks initially were victorious in this case in 2014 and secured an injunction from a state trial court that forbade the city to provide spousal employment benefits to same-sex couples. But a state appellate court reversed that injunction after the U.S. Supreme Court ruled in Obergefell v. Hodges that same-sex marriage was a constitutional right.
Pidgeon and Hicks appealed to the Texas Supreme Court which ruled last June that Pidgeon and Hicks could proceed with their lawsuit against the city. It was a unanimous opinion authored by Justice Jeffrey S. Boyd.
On Dec. 4th the U.S. Supreme Court rejected the City of Houstons request to review the case.
Since this case began more than 70 Elected Officials including Governor Greg Abbott Lieutenant Governor Dan Patrick and Texas Attorney General Ken Paxton have filed amicus briefs supporting plaintiffs Pidgeon and Hicks.
BACKGROUND:
- U.S. Supreme Court Rejects City of Houstons Request To Review Same-sex Benefits Case (Dec. 4 2017)
- Texas Supreme Court Rules Against City of Houston On Same-Sex Benefits Case (June 30 2017)
- Texas Values Applauds Texas Supreme Court in Taking Up Same-sex Benefits Case (Jan. 20 2017)
- Elected Officials Candidates Leaders Call for Texas Supreme Court to Hear Houston Same-sex Benefits Case (Oct. 17 2016)
- Texas Supreme Court Denies Appeal on Same-sex Benefits (Sept. 6 2016)
