June 30, 2015 6:06 PM

Senator stresses that county clerks who deny same-sex marriage licenses could lose their jobs

It’s not just a matter of civil suits against county clerks; there is a mechanism for removing them from office if they don’t comply with SCOTUS ruling

There has been much media coverage about county clerks facing the potential of civil litigation if they deny marriage licenses to same-sex couples, but Sen. Jose Rodriguez, D-El Paso, on Tuesday sought to make it clear that they are risking the loss of their jobs if they don’t comply with the United State Supreme Court ruling on gay marriage.

“You have a duty to fulfill your oath of office in issuing a marriage license to people who meet the eligibility requirements,” Rodriguez said in an interview with the Quorum Report. “You don’t have an opinion. You do that or you resign.”

Sen. Rodriguez was the El Paso County Attorney for 17 years. He notes that state law lets citizens request the removal of elected county officials – including county clerks – who are found guilty of incompetence or misconduct. Under Texas law, the definition of misconduct includes “intentional or corrupt failure, refusal, or neglect of an officer to perform a duty imposed on the officer by law.”

Because issuing marriage licenses is a mandatory part of a county clerk’s duties, refusing to do so could result in removal from office. Sen. Rodriguez says that fact was overlooked in the non-binding opinion issued by Texas Attorney General Ken Paxton on Sunday. Paxton told county clerks they may be protected by the First Amendment if they deny a gay couple a marriage license on religious grounds, providing another clerk can fill in. But state law makes no distinction between reasons for refusal to perform mandatory duties.

By Emily DePrang