Texas Attorney General Defies Same-Sex Marriage Ruling
Texas Attorney General Defies Same-Sex Marriage Ruling
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Gerald Gafford, right, comforts his partner of 28 years, Jeff Sralla, left, as they stand before Judge Amy Clark Meachum to receive a time waiver before marrying at the Travis County Courthouse in Austin, Texas on June 26, 2015.Eric Gay—AP
In defiance of the Supreme Court decision on Friday guaranteeing same-sex couples the right to wed nationwide, Texas’ attorney general said Sunday that county clerks can refuse to issue marriage licenses to same-sex couples if they object on religious grounds.
“Friday, the United States Supreme Court again ignored the text and spirit of the Constitution to manufacture a right that simply does not exist,” Republican Attorney General Ken Paxton said in a formal opinion. “Texas must speak with one voice against this lawlessness.”
Paxton said that religious freedom clauses in state and federal constitutions and statues would protect clerks who refuse to issue marriage licenses. He pointed to the majority opinion in Obergefell v. Hodges case decided on Friday that recognizes there may be some religious liberty protections.
Clerks who refuse to issue marriage licenses to same-sex couples could be sued, Paxton said, but “numerous lawyers stand ready to assist clerks defending their religious beliefs,” often without charge.
See Some of the First Gay Marriages in These States
George Harris, center left, 82, and Jack Evans, center right, 85, kiss after being married by Judge Garcia in Dallas on Friday, June 26, 2015.Tony Gutierrez—APMiesha Stinson, left, and Tiarra Harris, of Ypsilanti, Mich., embrace after exchanging vows in Ann Arbor, Mich., on June 26, 2015.Paul Sancya—APJaque Roberts, left, and her partner of 31 years, Carmelita Cabello, right, arrive to apply for their marriage license at the Travis County building in Austin on June 26, 2015,.Eric Gay—APEthan Fletcher, left, and Andrew Hickam fill out their marriage paperwork at Hamilton County Probate Court in Cincinnati on June 26, 2015.John Minchillo—APEmma Foulkes, left, and Petrina Bloodworth hold hands and show their wedding rings after being married at the Foulton County Courthouse in Atlanta on June 26, 2015.John Bazemore—APTony Chiaro, left, and Earnie Matheson, right, embrace after exchanging vows in the first same sex marriage performed in Pulaski County, in Little Rock, Ark. on June 26, 2015.Brian Chilson—APJanelle Ebone, right, puts her arm around her partner, Christine, left, as she shows off their marriage license at the Travis County building in Austin on June 26, 2015.Eric Gay—APBeverly Reicks, right, and Kathy Petterson, the first same sex couple to wed in Omaha, Neb., leave the Douglas County Clerk's office on June 26, 2015.Nati Harnik—APBreanne Brodak, left, and Cortney Tucker kiss after being married by Oakland County Clerk Lisa Brown in Pontiac, Mich. on June 26, 2015.Carlos Osorio—AP
