Houston senator asks DOJ to protect rights of gay Texans

Texans gather on the steps of the state Capitol on Monday, June 29, 2015 to celebrate the U.S. Supreme Court's recent ruling legalizing same-sex marriage. Texans gather on the steps of the state Capitol on Monday, June 29, 2015 to celebrate the U.S. Supreme Court's recent ruling legalizing same-sex marriage. Photo: Lauren McGaughy, The Houston Chronicle Photo: Lauren McGaughy, The Houston Chronicle Image 1 of / 50 Caption Close Houston senator asks DOJ to protect rights of gay Texans 1 / 50 Back to Gallery

AUSTIN - A state senator from Houston has asked the U.S. Department of Justice ensure same-sex couples in Texas have the right to marry, after the state's attorney general told county clerks they could disregard the Supreme Court's recent ruling legalizing gay marriage nationwide.

Sen. Rodney Ellis, D-Houston, on Monday sent a letter to U.S. Attorney General Loretta Lynch asking the department to "monitor the implementation of Obergefell and intervene, if necessary, to ensure that Texas officials do not flout the Supreme Court's ruling and blatantly discriminate against same sex couples."

READ ELLIS' LETTER HERE

On Sunday evening, first-term Texas Attorney General Ken Paxton issued an opinion that told county clerks they could refuse to issue marriage licenses to same-sex couples if they believed their religion prohibited them from doing so. The opinion, which is not legally binding, said clerks should expect to encounter possible litigation and fines, and added that Paxton would "do everything I can from this office" to help them.

In his letter, Ellis blasted Paxton for the guidance and said "religion must not be relied upon as an excuse to discriminate and refuse to fulfill the duties of government taxpayer-funded jobs."

"Where does this end?" he asks. "Will judges be able to argue that they should not have to recognize or authorize divorces if it offends their religious sensibilities? Could a judge refuse to sentence a defendant to the death penalty under his or her belief that 'thou shalt not kill' means just that?"

Earlier Monday, gay rights activists gathered on the steps of the state Capitol also reacted to Paxton's attempts to subvert the Supreme Court's ruling, calling him irresponsible and reminding supporters their fight for equal rights was far from over.

"The theatrics of Texas Attorney General Paxton, who has blatantly encouraged state officials to defy the highest court in the land, is evidence of that very fact," said Human Rights Campaign President Chad Griffin.

He added, "Over the course of this country's great history, there have been elected officials who have found themselves on the wrong side of history when iust comes to implementing historic decisions. And I suspect, in this case, history will not be kind to the attorney general of this state."

Many members of the lesbian, gay, bisexual and transgender, or LGBT, community spent the weekend celebrating the landmark ruling at various PRIDE events around the county. In Texas, one of the 13 states with a ban on same-sex marriage still in place before the ruling, gay couples began getting licenses at a handful of clerks offices almost immediately Friday.

Many more clerks waited for guidance Paxton had promised.

Rebecca Robertson, legal director of the Texas chapter of the American Civil Liberties Union, said at the press conference Monday that many clerks woke up on Monday, read the high court's ruling and Paxton's opinion and decided to follow the former. Additional clerks that have begun issuing licenses include those in Collin, Denton, Smith and Williamson Counties.

"We say to Attorney General Paxton - follow the law and respect everyone's love," said Kathy Miller, head of the left-leaning advocacy group Texas Freedom Network. "No obstruction, no excuses, no politics."

Perhaps foreshadowing the next Supreme Court argument for their community, those gathered also called for a renewed emphasis on expanding gay rights beyond just marriage. While same-sex unions now cannot be denied nationwide, Texas is one of many states where individuals can be denied employment and housing based on sexual orientation.

"A couple who gets married at 10 a.m. could be fired from their jobs at noon and evicted from their homes by 2, all in the same day, simply for posting that photo on Facebook," said Griffin. "The time has come in this country for comprehensive federal non-discrimination protections."