Plaintiffs plan to appeal after judge dismisses same-sex benefits suit

Mitchell Katine, celebrates the Supreme Courts decision to overturn the The Defense of Marriage Act at the law offices of Katine & Nechman L.L.P. Wednesday, June 26, 2013, in Houston. The Supreme Court on Wednesday struck down the Defensive Marriage Act, the provision of a federal law denying federal benefits to married gay couples, and cleared the way for the resumption of same-sex marriage in California. Katine was the attorney involved in the landmark case that resulted in the US Supreme Court decision to overturn all laws banning sodomy with Lawrence v. Texas. ( Johnny Hanson / Houston Chronicle ) less Mitchell Katine, celebrates the Supreme Courts decision to overturn the The Defense of Marriage Act at the law offices of Katine & Nechman L.L.P. Wednesday, June 26, 2013, in Houston. The Supreme Court on ... more Photo: Johnny Hanson, Houston Chronicle Photo: Johnny Hanson, Houston Chronicle Image 1 of / 5 Caption Close Plaintiffs plan to appeal after judge dismisses same-sex benefits suit 1 / 5 Back to Gallery

The plaintiffs in a 2013 lawsuit aimed at preventing the city of Houston from offering benefits to employees’ same-sex spouses plan to appeal a judge’s decision earlier this week to throw out the case.

Jared Woodfill, the attorney representing plaintiffs Jack Pidgeon and Larry Hicks, said his clients would challenge Family District Court Judge Sonya L. Heath’s Monday ruling in favor of the city.

The case originated when Pidgeon and Hicks sued the city, then led by former Mayor Annise Parker, for providing government employment benefits, such as health insurance, to municipal employees’ same-sex spouses. The suit alleges the benefits are an illegal use of taxpayer money.

The lawsuit continued even after the U.S. Supreme Court ruled in favor of legalizing same-sex marriage in 2015, going before federal and Texas Supreme Court judges.

The U.S. Supreme Court declined to review the state court’s decision, which said same-sex couples are not necessarily entitled to government employee benefits. Woodfill said he expects the case will go before the Texas Supreme Court, and ultimately may land in the U.S. Supreme Court.

“This is just one battle in a larger war to get the city of Houston to follow the law,” Woodfill said in a statement.

The Texas Supreme Court originally declined to hear the case in 2016, but agreed to hear it after the governor, lieutenant governor and Republican lawmakers asked it to reconsider. The court ruled that the landmark U.S. Supreme Court decision Obergefell v. Hodges, which legalized same-sex marriage nationwide, did not determine whether same-sex couples are entitled to spousal benefits.

The court’s decision did not bar the city from offering the benefits, however, and Mayor Sylvester Turner’s administration has continued to do so. The case ultimately bounced back to Harris County, where the newly elected Heath dismissed it.

In a statement Thursday, the mayor cast Heath’s ruling as “a victory for equality, the law of our nation and human rights.

“I thank our legal department for its diligent work defending common sense and fairness, and I’m glad we get to continue the policy established by the city six years ago,” Turner said.

Parker, named as a defendant in the lawsuit, tweeted after news of the judge’s ruling broke Thursday: “A word to the wise: do not come for me.”

Reporters Robert Downen and Mike Morris contributed to this story.

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