Judge orders Houston to stop employee benefits to same-sex couples

HOUSTON (KTRK) -- A state district judge signed an order Wednesday to stop offering health and life insurance benefits to the same-sex spouses of married city employees.

City employee Noel Freeman, who in August married his long-time partner Brad Pritchett in Washington D.C., was able to sign up for benefits for his new husband in November.

"It was just about being able to provide for my family the way my co-workers do," said Freeman.

For the 12 years they were together, Pritchett never had insurance coverage. After the U.S. Supreme Court struck down the Defense of Marriage Act, Mayor Annise Parker extended benefits to any city employee with a legally valid marriage license. That meant Pritchett got coverage.

"It's not like these benefits are being handed to me for free. We pay for the benefits; we get what we pay for, just like everybody else," said Pritchett.

Attorney Jared Woodfill said by extending those benefits, Mayor Parker put her personal agenda above the law. He cites the Texas Defense of Marriage Act and the state's legal definition of marriage, as between one man and one woman.

"It's clearly unlawful to take taxpayer dollars and violate the law -- and that's what the mayor has done," said Woodfill. "All you have to do is read the Constitution of this state to understand this mayor's been breaking the law."

Woodfill filed a lawsuit last week asking Parker to stop issuing benefits to same-sex spouses, like Freeman's husband. A state judge agreed, signing off on the order late Wednesday.

"The mayor is restrained and prohibited under the law from paying these benefits," said Woodfill.

Late Wednesday, the city of Houston issued the following statement:

"The city is preparing an immediate appeal. Once that appeal is filed, today's ruling will be stayed and a previous order issued at the federal court level allowing the city to implement same sex spousal benefits will continue in effect. As a result, today's action will have no impact on the status quo."

Meantime, Freeman and Pritchett hope the recognition of their marriage on a federal level extends all the way home to Houston.

"It's a basic issue of fairness," said Pritchett.