Sunday, June 28, 2015

I'm curious how many AG employees worked today on the Sabbath in violation of their faith to insure this opinion got out today?  Did they have the right to refuse to work on the Sabbath?  Do DPS officers have the right to refuse to work on the Sabbath?
The inherent bigotry in his opinion is he finds County Clerks and judges on religious grounds can refuse to issue marriage licenses to gays and lesbians, but presumptively not based on any other religious objection.  Trust me there are County Clerks in this state who would refuse to issue marriage licenses to Jews and Muslims on religious grounds if they believed they could get away with it.  The opinion will fall as the desperate move of a bigot.
The inherent flaw in Paxton's bigoted opinion is, County Clerks are arms of the state when they perform their duties as County Clerks. Inasmuch it is the State issuing the marriage license by and through the clerk, and not the clerk, the clerk has no authority to claim a religious exception. 
Inasmuch as the state has no religion there can be no religious objection.  When the first clerk is sued the AG will claim immunity because the clerk is an arm of the state, thereby waiving any argument the clerk can exert any religious objection.  It is a stupid argument by a bigot desperately trying to gain political capital with the hatemongers in Texas.
Do you believe for one second if a county clerk were to refuse to issue a marriage license to a Muslim couple for one second Paxton would invoke religious freedom as a justification?  Of course you do not, and that is how you know the opinion is based on his bigotry.
Judicial Canon 3B(6) prohibits judges from discriminating based on sexual orientation, among other things.  This demonstrates just how little regard AG Ken Paxton has for the law.
It is true judges have discretion as to whether or not they will perform marriages.  Under the Rules of Judicial Conduct their choice will be to perform no marriages or all marriages.  If they decide they will not perform marriages for gays and lesbians they will be sanctioned by the Commission on Judicial Conduct for violation of Canon 3B(6). Somehow I think the money involved in wedding ceremonies will help them to overcome their religious beliefs.
AG Paxton and Texas are going to have egg on their face over this bizarre opinion.
It is basic law, the County Clerk if an officer of the State and inasmuch as the state has no religion there can be no religious objection to performing their duties as officers of the state.  This is the essence of immunity law.   If the clerk persists, they will find themselves waiving immunity in favor of acting on their own accord and then could find themselves being criminally prosecuted for civil rights violations and being subject to civil damages.
The sad part is marriages will proceed all of Texas anyway leaving ignorant bigot county clerks and judges holding the bag for AG Ken Paxton's stupidity.

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