Texas court rules same-sex couples aren't entitled to spousal benefits

In 2013, two Houston taxpayers sued the city for giving same-sex couples legally married in other states the same publicly funded benefits as straight couples.

At the time, same-sex marriage wasn't legal under Texas' constitution. The two men argued the city of Houston was giving taxpayer money to "illegal activity."

A Texas court issued an injunction on Houston's same-sex benefits. But in 2015, when the U.S. Supreme Court ruled that states have to allow same-sex marriage, an appeals court overturned that injunction.

SEE MORE: Germany's Lower House Voted 'Yes' To Same-Sex Marriage

RELATED: LGBTQ history makers

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LGBTQ history makers
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LGBTQ history makers

Bayard Rustin (1912-1987) - Civil rights activist and openly gay man. He served as an advisor to Dr. Martin Luther King Jr. and organized the 1963 March on Washington for Jobs and Freedom.

(Photo by Patrick A. Burns/New York Times Co./Getty Images)

James Baldwin (1924 – 1987) - Civil rights activist and author from Harlem. He wrote his second novel in 1956 -- "Giovanni's Room." The work dealt explicitly with homosexuality and was published at a time when few other writers dared to publish gay-themed works, according to LGBT History Month

(Photo by Robert Elfstrom/Villon Films/Gety Images)

Alan Turing (1912-1954) - British mathematician whose work is widely acknowledged as the foundation of research in artificial intelligence.

(Photo by Fine Art Images/Heritage Images/Getty Images)

Moms Mabley (1894 – 1975) - Lesbian stand up comedian who starred in films and frequently headlined at the Apollo Theater. 

(Photo by Michael Ochs Archives/Getty Images)

Marsha P. Johnson (1945-1992) - A famous transgender woman and LGBT activist, Johnson was a veteran of the Stonewall Riot in New York City. She and Sylvia Rivera founded STAR: Street Transvestite Action Revolutionaries in 1970 to push for trans rights and offer shelter for homeless transgender teens.

(REUTERS/Diana Davies-NYPL/Handout)

Josephine Baker (1906 – 1975) - Singer, dancer and actress who became very popular in France in the 20s. She was also a civil rights activist. Baker was bisexual -- she married and divorced several men, as well as carrying on affairs with women, including Mexican artist Frida Kahlo.

(Photo by ullstein bild via Getty Images)

Harvey Milk (1930-1978) - First openly gay man to be elected to public office in California when he served on the San Francisco Board of Supervisors in 1977.

(Photo by Bettmann via Getty Images)

Alexis Arquette (1969 – 2016) - Transgender actress who transitioned to female in her 30s. She is known for her roles in films like “The Wedding Singer” and “Last Exit to Brooklyn.”

(Photo by Paul Archuleta/FilmMagic)

Sally Ride (1951-2012) - America’s first woman in space waited until her death to tell the world that she was gay. The NASA astronaut’s obituary referred to “her partner of 27 years.” After Ride’s death, her sister wrote in an essay that she hopes “it makes it easier for kids growing up gay that they know that another one of their heroes was like them.”

(Photo by Express Newspapers/Getty Images)

Lesley Gore (1946 – 2015) - The famous American singer, most known for her hits “It’s My Party” and “You Don’t Own Me,” was openly gay.

(Photo by Michael Ochs Archives/Getty Images)

Tennessee Williams (1912-1983) - Williams was a Pulitzer Prize-winning American playwright, who wrote some of Broadway's most successful shows -- including 'A Streetcar Named Desire' and 'Cat on a Hot Tin Roof.' Several of his works were adapted into Oscar-winning films, starring Marlon Brando and Elizabeth Taylor, among other famous actors at the time. 

Williams was in a relationship with his longtime partner, Frank Merlo, for 14 years until Merlo's death in 1963. 

Matthew Shepard (1976 – 1998) - Shepard was a student at the University of Wyoming when he was killed in a horrific hate crime. At the time, hate crime laws did not extend to the LGBTQ community. His death sparked a nationwide debate and ultimately led to the passing of new legislation -- the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (2009)

(Photo credit ANDREW CUTRARO/AFP/Getty Images)

Audre Lorde (1934 – 1992) - She considered herself “a black feminist lesbian mother poet.” She was also a vocal civil rights activist and leader for the advancement of the LGBT community.

(Photo by Robert Alexander/Archive Photos/Getty Images)

Nancy Kulp (1921 – 1991) - Lesbian actress most known for her role as Miss Jane Hathaway in the popular ‘60s sitcom "The Beverly Hillbillies."

(Photo by Bettmann via Getty Images)

Rock Hudson (1925 – 1985) - The legendary actor kept his sexuality a secret at the height of his Hollywood fame in the '60s. Hudson was diagnosed with AIDS in July 1985 and revealed he was gay in a press release just months before he died in October of the same year. 

His death is credited with fueling Elizabeth Taylor's AIDS advocacy. 

Alvin Ailey (1931 – 1989) - American choreographer and LGBT activist, Ailey formed the Alvin Ailey Dance Theater in New York City in 1958. His dance company welcomed and celebrated black dancers who were frequently ignored by major companies. 

American drag queen and actor Divine (1945-1988, born Harris Glenn Milstead) - Milstead, who identified as male, found mainstream success with his drag persona -- Divine. Divine's biggest hit was in 1988's 'Hairspray,' playing the role of Edna Turnbald. 

At the peak of his fame, he died of an enlarged heart. 

(Photo by Tim Boxer/Getty Images)

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Now, Texas' Supreme Court has thrown out that ruling. It says even though the U.S. Supreme Court ruled that states have to recognize same-sex marriages, the ruling doesn't specify that individual cities and governments are required to extend tax-funded benefits to those couples.

LGBTQ advocacy groups argue the 2013 case's plaintiffs are trying to dampen the U.S. Supreme Court decision. The case will now go back to the trial court to reconsider.

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