AG of Texas | October 28, 2016
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 Courtâ€™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, â€œMy office had the privilege of defending Texasâ€™ marriage laws in Fifth Circuit.Â 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.Â I applaud Governor Abbott and Lieutenant Governor Patrick for their leadership in asking that state courts give serious consideration to these weighty, unresolved questions.â€
View a copy of the amicus brief here: