June 29, 2015 3:16 PM

Department of Justice is asked to monitor Texas implementation of gay marriage ruling

Meantime, a lesbian couple in East Texas is already suing the Smith County Clerk for denial of a marriage license

Calling for intervention “if necessary,” Sen. Rodney Ellis, D-Houston, on Monday asked U.S. Attorney General Loretta Lynch for the Department of Justice to monitor Texas’s implementation of the U.S. Supreme Court decision legalizing gay marriage.

Sen. Ellis’ request comes one day after Texas Attorney General Ken Paxton issued a non-binding opinion telling county clerks that they can refuse to issue marriage licenses to couples if that issuance conflicts with their religious beliefs and another clerk is available to do it for them.

In his letter to Lynch, Sen. Ellis writes that he has “serious concerns about the far-reaching implications of this blanket protection” for state officials who defy the law. He asks if judges could use Paxton’s argument to refuse to grant or recognize divorce “if it offends their religious sensibilities,” or refuse to issue a death penalty “under his or her belief that ‘thou shalt not kill’ means just that. Where does it end?”

By Emily DePrang