Texas Attorney General Ken Paxton said
Sunday that county clerks can refuse to issue marriage licenses to gay
and lesbian couples based on their religious beliefs.
In a press release, Paxton, whose
office previously defended Texas' ban in court, criticized the
Supreme Court's ruling striking down state bans on gay marriage.
“Friday, the United States Supreme
Court again ignored the text and spirit of the Constitution to
manufacture a right that simply does not exist,” Paxton
wrote. “In so doing, 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-governing in the
face of judicial activists attempting to tell us how to live.”
“County clerks and their employees
retain religious freedoms that may allow accommodation of their
religious objections to issuing same-sex marriage licenses. The
strength of any such claim depends on the particular facts of each
case.”
“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, when other authorized individuals
have no objection, because it is not the least restrictive means of
the government ensuring the ceremonies occur.”
Paxton's guidance comes close to
encouraging clerks not to issue such licenses.
“It is important to note that any
clerk who wishes to defend their religious objections and who chooses
not to issue licenses may well face litigation and/or a fine. But,
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.”
“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,” he said.