Texas Attorney General Ken Paxton said county clerks who have religious oppositions to same-sex marriages can refuse to grant licenses to same-sex couples, according to his statement released on Sunday.
The statement comes after a Supreme Court decision on Friday that legalized same-sex marriage across all 50 states. Paxton said the Supreme Court "fabricated a new constitutional right" in doing so.
The American Civil Liberties Union (ACLU) of Texas said religious oppositions cannot be a basis for government officials to refuse to follow the current law.
"Religious liberty is a fundamental right protected by the First Amendment, but that doesn't mean that government officials can use their personal religious beliefs to avoid following the law regarding marriage," said Rebecca Robertson, a legal and policy director of Texas' ACLU. "Government officials who take an oath to uphold the law are required to treat all Texans equally, regardless of who they are or whom they love."
Though county clerks may face litigation for refusing to grant marriage licenses to same-sex couples, "numerous lawyers stand ready to assist clerks defending their religious beliefs, in many cases on a pro-bono basis," Paxton stated.
"I will do everything I can from this office to be a public voice for those standing in defense of their rights," he continued. "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."
Paxton's statement has faced some backlash from individuals and organizations, arguing that Paxton is giving "unsolicited advice."
"The Attorney General has crossed the line in advising local public officials, who are not his clients, that they are not bound by the U.S. Constitution," Texas Senator Jose Rodriguez told USA Today. "He has erred grievously in giving them unsolicited advice that may subject them to liability in both their individual and official capacity, and could result in their removal from office for failure to uphold the law."
