“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,” Paxton said in a statement. “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.”

The opinion – which was requested last week by Lt. Gov. Dan Patrick – comes two days after the high court in an historic ruling struck down gay marriage bans in Texas and a dozen other states. Some county clerks here began immediately issuing licenses to same-sex couples, while many others said they would wait until the state updated its licensing form or until Paxton released guidance on how to proceed.

Paxton individually addressed two sets of people in his Sunday opinion: county clerks and their deputies, who issue licenses, and those who can perform marriages. He said clerks could refuse to issue marriage licenses to same-sex couples if they have sincerely held religious beliefs that prohibit them from doing so, and if there is someone else present – like a deputy – who would be willing to service the couple.