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TEXAS ATTORNEY GENERAL: DON'T ISSUE LICENSES EVEN IF SAME SEX MARRIAGE APPORVED BY SCOTUS

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June 26, 2015

  As the U.S. Supreme Court prepares to issue what is expected to be a ruling allowing same sex marriage to be legal nationwide, Texas Attorney General Ken Paxton is warning Texas County Clerks not to issue marriage licenses to same sex couples until he has had the opportunity to 'provide direction and clarity,' on the issue, News Radio 1200 WOAI reports.

  "I remain prayerful that the Court will heed millennia of family tradition, Judeo-Christian instruction and common sense, and will respect the role of the states," Paxton said.  "But whatever the ruling, I would recommend that all County Clerks and Justices of the Peace wait for direction from this office about the meaning of the Court's opinion and the right of Texans under the law."

  Neel Lane, who is the lawyer for the two same sex couples who have been fighting for the right to marry in Texas, says the only 'direction' that Paxton needs to give to County Clerks is to tell them to obey the law.

  "Attorneys General aren't supposed to be in the business of praying, but in the business of interpreting the law, and in this case, the Supreme Court is going to be quite clear when it rules.  Clerks should not delay any further."

  Bexar County Clerk Gerry Rickhoff told News Radio 1200 WOAI last week, in a story that was picked up by other local media, that he 'redesigned' the county's marriage license to make it 'gender neutral' and he is ready to provide that license to same sex couples as soon as the Supreme Court gives the go head.

  Attorney Jonathan Saenz, who heads the traditional marriage group 'Texas Values,' warns that if he goes ahead with his plan to marry same sex couples, Rickhoff could go to jail.

  "It is reported that you intend to defy state law and begin issuing marriage licenses to same sex couples immediately after the Supreme Court's ruling," Saenz wrote.  "Your proposed course of action is a criminal offense, and the Supreme Court's ruling cannot shield you from criminal liability."

  Chuck Smith of Equality Texas, which has fought for years for the right of same sex couples to marry, encouraged gay couples to head to the courthouse if the high court rules in their favor.

  "If the Supreme Court rules in favor of freedom and families, we know that many clerks across Texas will begin issuing licenses in accordance with their oath to uphold the United States Constitution," Smith said.  "Without delay and without consulting the Texas Attorney General's press statements."

  Political analyst Cal Jillson of Southern Methodist University says Paxton is making a last minute play to his conservative base.

  "He wants to say to the Republican primary electorate that he doesn’t personally approve of gay marriage," Jillson said.

 

Read more: http://www.woai.com/articles/woai-local-news-sponsored-by-five-119078/texas-attorney-general-dont-issue-licenses-13713679/#ixzz3eHBo7jD7