Texas Attorney General: County clerks retain religious freedoms

Texas Attorney General Ken Paxton issued an opinion–in response to questions about the impact the US Supreme Court's ruling on marriage–that allows Texas county clerks and their employees as well as justices of the peace and judges to refuse to issue same-sex marriage licenses if it would be contrary to their religious beliefs.

Paxton ruled "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. The strength of any such claim depends on the particular facts of each case.”

“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," Paxton said.

The Liberty Institute, the largest nonprofit legal organization in the nation dedicated solely to defending religious liberty, offered to advise county clerks, justices of the peace and other government employees who may have questions about their conscience rights in light of the Supreme Court’s marriage decision. Liberty Institute indicated that it has already had inquiries from individual government officials and is advising them on their rights and next actions.

Paxton said the Supreme Court "ignored the text and spirit of the Constitution to manufacture a right that simply does not exist." He said the Court weakened the rule of law.

Hundreds of Texas public officials are seeking guidance on how to implement the Court's decision while adhering both to their respective faiths and their responsibility to uphold and defend Constitution. The Court's ruling presents a fundamental dilemma, Paxton said.

The Attorney General’s opinion was issued in response to Lt. Governor Dan Patrick’s request for guidance.