Patrick asks AG if county officials can refuse same-sex marriages

Ann Pinchak reacts after hearing the U.S. Supreme Court decision to legalize same-sex marriage on Friday, June 26, 2015, in Center. in a 5-4 decision, the Supreme Court legalized same-sex marriage nationwide, striking down the remaining bans in Texas and a dozen other states. less Ann Pinchak reacts after hearing the U.S. Supreme Court decision to legalize same-sex marriage on Friday, June 26, 2015, in Center. in a 5-4 decision, the Supreme Court legalized same-sex marriage nationwide, ... more Photo: Brett Coomer, Houston Chronicle Buy photo Photo: Brett Coomer, Houston Chronicle Image 1 of / 30 Caption Close Patrick asks AG if county officials can refuse same-sex marriages 1 / 30 Back to Gallery

Ahead of a Supreme Court ruling on gay marriage that could come as early as Friday, Lt. Gov. Dan Patrick wants the advice of Attorney General Ken Paxton about the options available to state officials who have a "conflict of conscience" if the practice is legalized nationwide.

Citing the state's 2005 ban on same-sex marriage, Patrick wrote a letter to Paxton saying First Amendment rights "must be extended to others who might encounter pressure for same-sex marriages." He referred to the "Pastor Protection Act" recently signed by Gov. Greg Abbott, which won bipartisan support among lawmakers, that says pastors do not have to bless unions if they have sincere religious objections to them.

READ: Can gay people marry in Texas today?

"(The gay marriage ban) could be struck down or altered by our nation's highest court," Patrick wrote. "If that should happen, county clerks and justices of the peace could be forced to subjugate their sincerely held religious beliefs. The practical reality of this conflict will occur throughout the state."

In his own letter Thursday, Paxton urged county clerks to hold off on issuing marriage licenses to gay couples until his office has had a chance to analyze any decision from the high court.

"If the court suggests otherwise, prudence dictates we reflect on precisely what the court says, what it means, and how to proceed consistent with the rule of law," Paxton wrote.

Both officials are staunch gay marriage opponents. The high court is expected to rule Friday or Monday on a closely watched case that could legalize gay marriage across the country, effective overturning Texas' decade-old ban.

County clerks in Travis, Dallas and Bexar counties have said they would begin issuing licenses immediately if the Supreme Court strikes down same-sex marriage bans nationwide. Harris County Clerk Stan Stanart said he would await guidance from the state before issuing any same-sex licenses.