Texas attorney general says clerks can refuse same-sex marriages

Texas Attorney General Ken Paxton says state county clerks may refuse to marry same-sex couples on religious grounds despite the Supreme Court’s ruling legalizing same-sex marriage.

Under Paxton’s advisory opinion, clerks have the “statutory right” to deny a request to marry a same-sex couple as long as it’s grounded in solid religious justification. A deputy clerk would then issue the license.

{mosads}He admitted that any clerk who opts out of issuing those licenses could face a lawsuit or a fine. But Paxton pledged his office’s full support for clerks with religious objections.

“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,” he said.

“Texas must speak with one voice against this lawlessness, and act on multiple levels to further protect religious liberties for all Texans, but most immediately do anything we can to help our County Clerks and public officials who now are forced with defending their religious beliefs against the Court’s ruling.”

The move comes as conservative states continue to grapple with Friday’s decision that recognized a constitutional right to same-sex marriage. Some states have said there will be no same-sex marriages until federal judges officially strike down bans, while other governors have said they will fully comply with the decision.

Paxton argued the Supreme Court had ignored the text and spirit of the Constitution and manufactured “a right that simply does not exist” with its ruling.

“The Court weakened itself and weakened the rule of law, but did nothing to weaken our resolve to protect religious liberty and return to democratic self-government in the face of judicial activists attempting to tell us how to live.”