Lieutenant Governor
Capitol Ofrce
State Capitol, Room 2E.13
Post Office Box 12068

Austin, Texas 78711
(512) 463J}001

June 25, 2015

Fax: (512) 463-8668

The Honorable Ken Paxton

Attorney General

Office of the Attorney General of Texas
Post Office Box 12548

Austin, Texas 78711-2548

Dear Attorney General Paxton:

Re:

Request for an opinion regarding the religious liberties of county clerks and their
employees regarding same-sex marriage licenses and ofjustices of the peace and judges
regarding same-sex marriage ceremonies

The protection of religious liberty rights guaranteed under the First Amendment of the
U.S. Constitution is of utmost importance to Texans. Accordingly, Senate Bill 2065, the "Pastor
Protection Bill," was passed and signed into law in the 84th Legislative Session to protect houses
of worship, religious organizations and their employees and clergy or ministers from being
required to participate in a marriage or celebration of a marriage if it would violate a sincerely
held religious belief.

In anticipation of the U.S. Supreme Court's ruling in the next few days on Obergefell v.
Hodges, the case that could redefine marriage, I continue to receive questions from concerned
Texans regarding the protection of their religious liberty rights guaranteed under the First
Amendment of the U.S. Constitution. As such, I request your opinion on the balance and
protection of said religious liberty rights should the Texas definition of marriage be overturned.
Specifically, in the event the Texas definition of marriage is overturned, may government
officials such as employees of county clerks, justices of the peace, and judges refuse to issue
same-sex marriage licenses or conduct same-sex marriage ceremonies due to their sincerely held
religious beliefs that marriage is the union of one man and one woman?

 The Honorable Ken Paxton

August 29, 2011
Page 2

Under Texas law, county clerks issue marriage licenses, Tex. Fam. CODE § 2.001(a), and
pastors, justices of the peace, and judges may perform marriage ceremonies, id. § 2.202(a). If
the Supreme Court declares a constitutional right to same-sex marriage, can a county clerk or his
or her employees refuse to issue a same-sex marriage license if doing so would violate their
sincerely held religious beliefs on marriage? Lastly, could a justice of the peace or ajudge
refuse to conduct a same-sex wedding ceremony if doing so would violate their sincerely held
religious beliefs on marriage?
Texans have clearly spoken that marriage is the union of one man and one woman.
Should the U.S. Supreme Court rule contrary to the voice of Texas, the answers to these
questions are important.

I look forward to your response.
Sincerely,

v

1^3^ Patricjt
Lieutenant Governor