Texas Senate OKs bill setting new rules when clerks refuse to issue same-sex marriage licenses



Scroll through the gallery to see a timeline of same-sex marriage in Texas less Legislation authored by State Sen. Brian Birdwell that would allow county clerks in Texas to decline to issue same-sex marriage licenses if it conflicts with their religious beliefs was tentatively approved Tuesday by the Texas Senate. Bill 522 would allow clerks to recuse themselves from issuing a same-sex license and assign their duties to other clerks, a judge or even a special clerk. Legislation authored by State Sen. Brian Birdwell that would allow county clerks in Texas to decline to issue same-sex marriage licenses if it conflicts with their religious beliefs was tentatively approved ... more Photo: Tom Reel / San Antonio Express-News Photo: Tom Reel / San Antonio Express-News Image 1 of / 25 Caption Close Texas Senate OKs bill setting new rules when clerks refuse to issue same-sex marriage licenses 1 / 25 Back to Gallery

AUSTIN -- Legislation that would allow county clerks in Texas to decline to issue same-sex marriage licenses if it conflicts with their religious beliefs was tentatively approved Tuesday by the Texas Senate.

State Sen. Brian Birdwell, a Granbury Republican who authored the measure, said the Senate Bill 522 would allow clerks to recuse themselves from issuing a same-sex license and would instead assign their duties to other clerks, a judge or even a special clerk.

The vote was 21-10, mostly along party lines. A final vote is expected within a few days.

"This provides a way for clerks to exercise their profoundly held religious beliefs under the First Amendment, and at the same time protect the rights of couples who are coming in for a marriage license," Birdwell said. "Right now, there is not an alternate mechanism for a clerk who is not willing to issue a license because of their sincerely held beliefs."

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Several Democrats questioned whether the law was necessary -- or could perhaps trigger new discrimination. They questioned whether the change could make it more difficult for same-sex couples to get licenses in some counties.

"I'm afraid we're opening up a box of unintended consequences," said Sen. Jose Menendez, D-San Antonio.

"If we don't do this we are discriminating against those people of faith," Birdwell replied. "This bill protects the constitutional issues for both sides."

Sen. Sylvia Garcia, D-Houston, questioned who the bill was supposed to protect.

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"My main concern here is that all the clerks and judges know about the law and are following the law," Garcia said.

Birdwell responded: "Without this, we're saying that if you have strongly held religious beliefs, you are not welcome in public office."

The issuance of same-sex marriage licenses became a hot-button issue two years ago for the conservative Republicans who control the Texas Legislature, after a Kentucky clerk was jailed for refusing to issue a license because it was against her religious beliefs.

Since the U.S. Supreme Court legalized same-sex marriage in 2015, many county clerks in Texas have adopted procedures in which clerks who object to same-sex licenses can hand off that duty to other employees.

While courts since have made clear that Texas clerks cannot refuse marriage licenses to same-sex couples, Republican primary voters who oppose gay marriage have supported changes in state law to protect the religious beliefs of local officials -- and to keep pastors and businesses from being penalized if they disagree with same-sex marriages.

Scroll through the gallery above to see a timeline of the same-sex marriage debate in Texas