Skylar
Diamond Member
- Jul 5, 2014
- 55,527
- 16,970
- 2,250
Fallacy. The religious beliefs of its citizens IS the law. Protecting the religious rights of Americans is a primary responsibility of government.The "opinion" of the AG is hugely ambiguous. He really does not tell clerks that they can refuse. He says that if they refuse, they might be able to claim that they were permitted to do so according to their faith. He even cites to the RFRA that allowed Hobby Lobby to opt out of providing contraceptive coverage without realizing that the RFRA has no application to state employees or their actions. It is a federal law that only applies to federal law. .And the two most important paragraphs:PaintMyHouse Below is the link to the full text of Paxton’s opinion. Not sure where the warning is to the clerks that they might face legal action
https://www.texasattorneygeneral.gov/opinions/opinions/51paxton/op/2015/kp0025.pdf
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'.
Once the state starts to put a priority of the religious beliefs of its employees over fairly executing the laws there is no going back
You can't make a case for ONLY same sex marriage and ONLY Christians
But the State forcing non-believers to abide a particular religion isn't. And a State representative imposing their personal religious beliefs on people who don't follow them is doing exactly that. Using the State to force someone else to abide their religious tenets in exclusion of the law.
Worse, you're not thinking this through. If a Christian can deny state services to a same sex couple based on their religious beliefs.....than a Muslim can deny a Chrisitan state services based on their religious beliefs.
Even if the law says otherwise, a Muslim would be able to use the State to force a Christian to abide tenets of Sharia law against their will.....in the name of religious freedom.
I'm not cool with that.

