No, he said they might be able to claim that issuing one violates their right to religious freedom, but that whether or not it did so depends.
He wrote, "Factual situations may arise in which the county clerk seeks to delegate the issuance of same-sex marriage licenses due to a religious objection, but every employee also has a religious objection to participating in same-sex-marriage licensure. In that scenario, were a clerk to issue traditional marriage licenses while refusing to issue same-sex marriage licenses, it is conceivable that an applicant for a same-sex marriage license may claim a violation of the constitution. If instead, a county clerk chooses to issue no marriage licenses at all, it raises at least two questions. First, a clerk opting to issue no licenses at all may find himself or herself in tension with the requirement under state law that a clerk "shall" issue marriage licenses to conforming applications. TEX. FAM. CODE ANN.§ 2.008(a) (West 2006). A court must balance this statutory duty against the clerk's constitutional rights as well as statutory rights under the Religious Freedom Restoration Acts. Second, a court must also weigh the constitutional right of the applicant to obtain a same-sex marriage license. Such a factually specific inquiry is beyond the scope of what this opinion can answer. In short, county clerks and their employees retain religious freedoms that may provide for certain accommodations of their religious objections to issuing same-sex marriage licenses--or issuing licenses at all, but the strength of any particular accommodation claim depends upon the facts." In other words, "it depends."
He also said he had a team of lawyers to help defend the clerks if they are threatened with legal action for refusing to abide by an unconstitutional law.
Texas as a whole did not concede. Which was my point
So the laws requiring clerks to marry interracial couples was unconstitutional? Weird....
Did it go against a persons religious belief? No.
Apples and oranges.
Stop comparing yourselves to black Americans, it makes you look desperate.
"Did it go against a persons religious belief?" Of course it did. Much of the justification for the ban on interracial marriage was based on a twisted interpretation of the bible.
"Theodore Bilbo was one of Mississippi’s great demagogues. After two non-consecutive terms as governor, Bilbo won a U.S. Senate seat campaigning against “
farmer murderers, corrupters of Southern womanhood, [skunks] who steal Gideon Bibles from hotel rooms” and a host of other, equally colorful foes. In a year where just 47 Mississippi voters cast a ballot for a communist candidate, Bilbo railed against a looming communist takeover of the state — and offered himself up as the solution to this red onslaught.For Senator Bilbo, however, racism was more that just an ideology, it was a sincerely held religious belief. In a book entitled
Take Your Choice: Separation or Mongrelization, Bilbo wrote that “[p]urity of race is a gift of God . . . . And God, in his infinite wisdom, has so ordained it that when man destroys his racial purity, it can never be redeemed.” Allowing “the blood of the races [to] mix,” according to Bilbo, was a direct attack on the “Divine plan of God.” There “is every reason to believe that miscegenation and amalgamation are sins of man in direct defiance to the will of God.”
When Religious Liberty Was Used To Justify Racism Instead Of Homophobia ThinkProgress
Senator Bilbo sound an awful lot like many commenting here.
There is still a church in Texas that claims that interracial marriage is contrary to the word of God.
http://www.applebybaptistchurch.com/Articles/B.P.& ****** Js..pdf
"First let me be clear; I would witness to a Negro as quickly as I would any other race. I am sorry for using a term they themselves use in this article. However, I am not going to avoid the Scriptures in order to have a Negro in our congregation as many of the brethren do. If a Black couple or family wants to come to our Church they need not expect me to avoid what God says about the Hamite. If an interracial couple (Hamite and Gentile, or Hamite and Jew, etc.) wants to come to our assembly they will need to know I will not be silent about their UN scriptural union just to keep them. It has nothing to do with being prejudiced; it is a matter of the Bible."
Such view were very prevalent in the South at the time Loving was decided. So, if a member of the Appleby Baptist Church is a clerk in Texas, you would support that clerks right to refuse a marriage license to an interracial couple.