Governor Greg Abbott, Lieutenant Governor Dan Patrick, and Attorney General Ken Paxton filed a joint amicus brief with the Texas Supreme Court urging the Court to recognize that the U.S. Supreme Court’s announcement of a right to same-sex marriage in Obergefell v. Hodges does not resolve all constitutional issues relating same-sex marriage.
Both the Supreme Court and the Fifth Circuit made clear that Obergefell left a host of issues unresolved. The case before the Texas Supreme Court involves the legality of the former Houston mayor extending benefits to same-sex spouses of city employees while the traditional, Texas definition of marriage was still in full force.
On the filing of the brief, Attorney General Paxton said, “My office had the privilege of defending Texas’ marriage laws in Fifth Circuit. While the US Supreme Court did recognize a right to same-sex marriage, there are a host of issues in that area of the law that remain unresolved. I applaud Governor Abbott and Lieutenant Governor Patrick for their leadership in asking that state courts give serious consideration to these weighty, unresolved questions.”