The Texas Supreme Court has agreed to reconsider acase about whether married gay city employees must be given spousalbenefits. That’s a terrible sign. The briefs openly urge the courtto resist the U.S. Supreme Court’s landmark gay marriage decisionby reading it narrowly to say that gay people have a fundamentalright to marry but no right to equal benefits.
It’s a legally deceptive argument, which the current justices inWashington would summarily reject. But it’s dangerous all the same,because it shows that Donald Trump’s election is spurring outrightresistance to federal law and precedent. And the Texas justices,who are elected, have no excuse for agreeing to reconsider thecase.
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