And the two most important paragraphs:
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.
The problem with that interpretation is that the clerk is a representative of the State. The State has no religious objection, as it has no religion. And if an individual representative of the state can deny state services based on their personal religious convictions......wouldn't that be the imposition of their religious beliefs *though* the state?
We're not talking about a religious motivation for voting, for example. But an express and explicit religiously motivated act by a state representative, wielding state power, that forces state citizens to adhere to the individual representative's religious beliefs.
It would be akin to a muslim judge refusing to rule in a manner inconsistent with Sharia law. Or to refuse to offer any rulings on any divorce cases until sharia law governs divorce law.
And the State of Texas say 'okay, cool'.