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.