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Thu Jan 8, 2015, 10:17 PM

Bill Aims to Bar Texas Clerks from Issuing Same-Sex Marriage Licenses

On the eve of a federal appeals court hearing in a lawsuit challenging Texas’ same-sex marriage bans, a Republican legislator has introduced a bill that would prohibit county clerks from issuing same-sex marriage licenses.

Rep. Cecil Bell Jr. (R-Magnolia) on Wednesday introduced House Bill 623, which he’s calling the “Texas Preservation of Sovereignty and Marriage Act.”

HB 623 would amend the Texas Family Code to prohibit the use of taxpayer funds for the “the licensing or support of same-sex marriage.” It would also bar government employees from recognizing, granting or enforcing same-sex marriage licenses. Any government employee who violates the provision would be barred from collecting “a salary, pension, or other employee benefit.”

HB 623 would also require Texas courts to dismiss challenges to the law and award attorneys’ fees to defendants. And it would grant Texas sovereign immunity under the 11th Amendment to the U.S. Constitution when it comes to enforcing the law, “regardless of a contrary federal court ruling.”

Read more: http://www.texasobserver.org/bill-aims-to-bar-texas-clerks-from-issuing-same-sex-marriage-licenses/

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Reply Bill Aims to Bar Texas Clerks from Issuing Same-Sex Marriage Licenses (Original post)
TexasTowelie Jan 2015 OP
longship Jan 2015 #1
Manifestor_of_Light Jan 2015 #2
hobbit709 Jan 2015 #3

Response to TexasTowelie (Original post)

Thu Jan 8, 2015, 10:53 PM

1. Wouldn't that be the same damned thing?

No license? Sorry. No marriage for you!

Prohibition is prohibition, no matter where they cut it off.

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Response to TexasTowelie (Original post)

Fri Jan 9, 2015, 01:01 AM

2. I'd like to see someone try a same-sex common law marriage in Texas.

No license needed although you can go to the courthouse and register it. There are specific requirements in the Texas Family Code. It may have a prohibition in it already against same sex marriage.

I think it would work under the 11th Amendment.

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Response to TexasTowelie (Original post)

Fri Jan 9, 2015, 07:51 AM

3. They just refuse to understand that U.S. Constitution and law trumps state law.

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