July 1, 2015 4:38 PM

AG Paxton is asked to give clear guidance to state employees on same-sex marriage

Rep. Joe Moody, a former prosecutor, says Paxton’s opinion invites “Texans to engage in illegal, unconstitutional discrimination for which they have no excuse and to put taxpayer money at risk through avoidable, meritless, but very costly litigation.”

Saying the opinion offered by Texas Attorney General Ken Paxton creates more confusion than clarity about the United State Supreme Court decision on same-sex marriage, Rep. Joe Moody, D-El Paso, this week asked Paxton to give better guidance to government employees. “State employees deserve better, which is a position I hope you and I share,” Moody wrote in a letter to Paxton dated Tuesday.

Moody pointed out that the opinion from Paxton "vaguely suggests that there may be a conflict between an employee's sworn duty and religious liberty."

"However, no specific scenarios are explored, even hypothetically, and the opinion falls back on any claim hinging on the 'specific facts' at hand," Moody wrote. "I ask you to provide concrete examples of actions you believe would be legally legitimate so that government employees have real guidance about what they can and cannot do."

By Scott Braddock