Texas Attorney General Tells Officials They Can Refuse to Marry Same-Sex Couples – Despite Supreme Court Ruling

The Texas Attorney General has issued a statement telling county clerks in Texas who object to gay marriage that they can refuse to issue licenses to same-sex couples, despite last week's historic U.S. Supreme Court ruling.

Ken Paxton, Attorney General for the Lone Star state, issued a statement saying the Supreme Court justices had "fabricated" a new constitutional right. He goes on to say they did not "diminish, overrule, or call into question" the First Amendment rights to free exercise of religion.


"County clerks and their employees retain religious freedoms that may allow accommodation of their religious objections to issuing same-sex marriage licenses," Paxton wrote. He also says the strength of each claim would vary based on different facts.

"Justices of the peace and judges similarly retain religious freedoms and may claim that the government cannot force them to conduct same-sex wedding ceremonies over their religious objections," he wrote.
He warned that officials who refuse to issue marriage licenses to gay couples could expect to face a fine or get sued, but he also said they would have legal support.

"Numerous lawyers stand ready to assist clerks defending their religious beliefs, in many cases on a pro-bono basis, and I will do everything I can from this office to be a public voice for those standing in defense of their rights."

Paxton also says that Texas laws define marriage as "one man and one woman" and "therefore those laws currently are enjoined from being enforced by county clerks and justices of the peace. There is not, however, a court order in place in Texas to issue any particular license whatsoever – only the flawed direction by the U.S. Supreme Court on Constitutionality and applicable state laws."

In addition to his statement, Paxton also posted a letter he wrote to Texas Lieutenant Governor Dan Patrick, where he further expresses his views.

On Friday, the Supreme Court ruled 5-4 that Constitution requires that same-sex couples be allowed to marry, regardless of the state they live in. The ruling extended marriage equality nationwide. It was the culmination of a long battle by tens of thousands of couples to legalize their unions.

The ruling does not immediately allow gay couples to marry in the 14 states where it is banned. The losing side of any case has three weeks to ask the court for reconsideration.


Credit: People.com