How long will Texas Republicans be able to get away with the tantrum phase of "resisting" a post-Obergefell America?
County clerks can refuse to issue marriage licenses to same-sex couples based on religious objections to gay marriage, Texas Attorney General Ken Paxton said Sunday.
Paxton noted that clerks who refuse to issue licenses can expect to be sued, but added that “numerous lawyers stand ready to assist clerks defending their religious beliefs,” in many cases without charge.
The formal opinion did not specify what constitutes a sincerely held religious belief, noting that “the strength of any such claim depends on the particular facts of each case.”
Paxton said Friday’s “flawed” opinion from the U.S. Supreme Court, which overturned bans against same-sex marriage in Texas and other states, placed religious people in conflict between following their faith and the U.S. Constitution.
“Friday, the United States Supreme Court again ignored the text and spirit of the Constitution to manufacture a right that simply does not exist. 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-government in the face of judicial activists attempting to tell us how to live,” Paxton said.
Paxton’s opinion also noted that judges and justices of the peace can refuse to perform same-sex marriages.
“Judges and justices of the peace have no mandatory duty to conduct any wedding ceremony,” the opinion said, adding that couples cannot be refused on the basis of race, religion or national origin.
Pretty sure a federal judge will put an end this this very quickly, but again, how far will Republican bigots go with this? Will they really start doing things like ending state-sanctioned marriage altogether?
Monday begins the backlash. Pay attention to which states, and which GOP governors turned 2016 candidates are fighting this, especially when it comes to pretending to be moderates later on.
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