Several state supreme court challenges to SCOTUS marriage equality ruling illustrate why Gorsuch nomination threatens the holding

Posted by

Nico Lang for Salon: Here’s why 18 LGBT groups are fighting Neil Gorsuch’s Supreme Court nomination.

If Gorsuch believes that the ways the Obergefell ruling could be applied are not as “settled” as the decision itself, that could affect several critical U.S. cases. The Texas Supreme Court is currently hearing oral arguments in Pidgeon v. Turner; two Houston residents sued the city because they believe that their taxes shouldn’t fund partner benefits for same-sex couples. After originally declining to hear that case last year, the court reversed its decision after a sustained lobbying effort from Texas Lt. Gov. Dan Patrick, Gov. Greg Abbott, and Attorney General Ken Patton….

Although Pizer called legal arguments denying benefits to married same-sex couples “fringe” opinions, Texas isn’t the only state debating whether legally wedded LGBT people deserve the same privileges as other couples. A case known as Smith v. Pavan, which was decided by the Arkansas Supreme Court last year, denied some same-sex partners the right to be on their newborn child’s birth certificate. Three lesbian couples sued the state’s Department of Health when the agency wouldn’t allow second parents (the individuals who did not physically give birth) the ability to be recognized as their infant’s legal guardian

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s