Same-sex couples denied marriage licenses in Texas. Is this legal?
Joe Stapleton and Jim Cato, a Texas couple who have been together for 27 years, were overjoyed by the Obergefell v. Hodges Supreme听Court decision that ruled same-sex couples could marry in all 50 states. But last week, Hood County Clerk Katie Lang , ThinkProgress reports.
On Monday, the couple filed a federal lawsuit, which described their experiences as 鈥渉umilliating and degrading.鈥� Less than two hours later, Lang鈥檚 office agreed to give the couple a marriage license, which Stephen and Cato picked up within 13 hours.
But Jan Soifer, the couples鈥� attorney, 听said they would proceed with the legal action unless Lang鈥檚 office agreed to "issue marriage licenses to all couples, gay and straight, without delay鈥� and cover attorney鈥檚 fees.
鈥淭丑别 compel me to personally refrain from issuing same-sex marriage licenses,鈥� Lang wrote in a statement on the county clerk鈥檚 website.
The Supreme Court ruling has caused rifts within and across states.
Nearly one-third of Alabama counties on Monday refused to issue marriage licenses to gay couples or had shut down marriage license operations altogether, according to a telephone survey by The Associated Press (AP).
USA TODAY reported Texas Attorney General Ken Paxton and Governor Greg Abbott affirmed the if they felt it conflicted with their religious beliefs.
But State Sen. Jose Rodriguez disagreed and thought Paxton 鈥渃rossed the line in advising local public officials, who are not his clients, that they are not bound by the U.S. Constitution.鈥�
Susan Watson, executive director of the American Civil Liberties Union of Alabama, said probate judges could face court sanctions if they issue marriage licenses to heterosexual couples but refuse to give them to gay couples.
on behalf of two homosexual and two heterosexual couples, against Rowan County Clerk Kim Davis, whose office turned all four couples away when they tried to get marriage licenses.
Clerks have argued that if they issue a license to no one, they cannot be accused of discrimination.
The AP reports local officials have warned clerks about the . Warren County Attorney Ann Milliken, president of the Kentucky County Attorneys Association, said they could be charged with official misconduct, a misdemeanor punishable by up to a year in jail.
But this hasn鈥檛 been enough to sway some strong religious beliefs.
听鈥淚t鈥檚 a deep-rooted conviction; my conscience won鈥檛 allow me to [issue marriage licenses to same-sex couples],鈥� Davis said Tuesday. 鈥淚t goes against everything I hold dear, everything sacred in my life.鈥�
One of the attorneys who filed the lawsuit, Laura Landenwich, wrote Davis 鈥渉as the absolute right to believe whatever she wants about God, faith, and religion, but as a government official who swore an oath to uphold the law, she cannot pick and choose who she is going to serve, or which duties her office will perform based on her religious beliefs.鈥�
Other states have seen similarly tense situations.
Attorney generals in also attempted to delay issuing marriage licenses to same-sex couples.
South Dakota鈥檚 attorney general, Marty Jackley, said county clerks in his state who are against same-sex marriage on religious grounds can refuse to issue marriage licenses on that basis 鈥� as long as .
Jackley felt such a 鈥渃ommonsense solution鈥� would balance the religious freedom of county clerks with the constitutional right of same-sex couples to marry.
Some legal authorities find the strength Supreme Court鈥檚 ruling has overwhelmed otherwise resistant entities.
鈥淚 think the real story is ,鈥� Shannon Minter, legal director for the National Center for Lesbian Rights told The Seattle Times. 鈥淭丑别y are not challenging the law or the outcome, just the timing [鈥 But there will be a handful who drag their feet.鈥�
