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Texas Supreme Court Justice: States Should Deny Spousal Benefits To Gay Couples To “Encourage Procreation”

"Marriage is a fundamental right,” claims Justice John Devine. “Spousal benefits are not

Like you, we assumed Obergefell v. Hodges brought full marriage equality to all 50 states. But at least one Texas judge doesn't quite see it that way.

In a dissenting opinion rendered Friday, Justice John Devine of the Texas Supreme Court argued that while same-sex couples have the right to marry, they don't have the right to all the benefits marriage bestows.

"Marriage is a fundamental right,” Devine, a Tea Party favorite from Houston wrote. “Spousal benefits are not. The two issues are distinct, with sharply contrasting standards for review."

Which is akin to saying voting is a fundamental right, but having your vote count is not. Kind of getting into separate-but-not-quite-equal territory.

The reason people want their marriages legally recognized is not to feel good about themselves, but to secure the benefits of marriage. But, as Slate points out, Devine argues the government can deny benefits to same-sex couples because it has an “interest in encouraging procreation."

Where this would leave infertile heterosexual couples or those with no interest in having children is unclear. Justice Devine just knows "differences exist between same- and opposite-sex couples, and such differences may explain the State’s allocation of benefits."

"After all, benefits such as health insurance provide financial security as couples decide whether to have a child," he explains. "An opposite-sex marriage is the only marital relationship where children are raised by their biological parents. In any other relationship, the child must be removed from at least one natural parent, perhaps two, before being adopted by her new parent(s)."

Because heterosexuals don't adopt, use surrogates or have blended families?

This isn't Devine's first time at the hate rodeo: He famously refused to remove a painting of the Ten Commandments from his court room and has boasted of being arrested at abortion clinics "37 times."

During a campaign, he reportedly declared he could defeat incumbent David Medina because “I can beat a guy with a Mexican last name.”

Thankfully Devine was in the minority on Friday: His fellow Texas Supreme Court justices declined to review a lower court ruling that cities cannot deprive married same-sex couples the benefits provided to opposite-sex couples.

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