The Court denied review in Turner v. Pidgeon, in which the Texas Supreme Court said the US Supreme Court hasn't necessarily said that same-sex couples should get the same benefits as opposite-sex couples.
Floyd, who is white, did not object to the jury based on Batson v. Kentucky, a previous U.S. Supreme Court ruling prohibiting racial discrimination in jury selection, the Alabama Supreme Court noted in its order.
The Supreme Court is expected to take up this week the case over whether a Colorado baker discriminated against a gay couple because he declined to bake a cake for their wedding. So when gay marriage opponents came out of the woodwork, threatening to vote the all-Republican court off the bench if it didn't reconsider its decision - their argument being this was a great opportunity to restrict the effects of Obergefell - the Texas court took note.
The Texas Supreme Court decision fell short of outright denying spousal benefits for married same-sex couples and instead remanded the case to a trial court for reconsideration. "What an incredible early Christmas present from the U. S. Supreme Court", said Saenz, president of Texas Values, according to the American-Statesman. The Texas Supreme Court even admitted it only took up the case after receiving "emails, letters and postcards" from individual citizens.
It was June of this year when the U.S. Supreme Court ruled 6-3 against an Arkansas law forbidding same-sex couples from being listed on a child's birth certificate.
"I am very disappointed that the Supreme Court did not grant cert today", Phariss said. Today "Equal Justice Under Law", as promised by the inscription to the front of the Supreme Court building, was not rendered.
That does not mean Houston can "constitutionally deny benefits to its employees' same-sex spouses", the court added, but the issue must now be resolved "in light of Obergefell".
"Equal recognition of same-sex marriage requires more than a marriage license; it requires equal access to the constellation of benefits that the state has linked to marriage", Houston attorneys wrote in their brief to the court.
Sarah Kate Ellis, CEO of GLAAD, said in a statement the denial of certiorari in the Texas is disconcerting, especially on the day before justices are set to consider a major gay rights case.
But other advocates said Monday's action simply shows the Texas case is not fully concluded, rather than indicating how the U.S. Supreme Court will ultimately rule on the larger issue.
The nation's highest court will hear oral arguments on Tuesday.