“If, for instance, there are two clerks in an office, only one of whom objects to same-sex marriage, it would be consistent with [the Supreme Court ruling] to allow the non-objector to issue same-sex licenses – as long as this practice neither stigmatized same-sex couples nor imposed significant burdens on them,” wrote Kermit Roosevelt, professor at the University of Pennsylvania Law School, in an op-ed piece for CNN.
“And in this sense, Paxton is right,” Professor Roosevelt continued. “The state of Texas must issue same-sex marriage licenses, but in appropriate circumstances, individual clerks may be excused.”
Earlier this week, Hood County Clerk Katie Lang e-mailed her office saying, “We are not issuing [licenses] because I am instilling my religious liberty in this office.” After a backlash, however, Ms. Lang said in a statement that although the “religious doctrines to which I adhere compel me to personally refrain from issuing same-sex marriage licenses,” her office would have staff “available and ready” to issue licenses once it gets the “appropriate forms” delivered.
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