El Paso County Attorney says County needs t o issue same-sex marriage licenses or risk liability
El Paso County Attorney Jo Anne Bernal does not think Texas County Clerks need to wait for guidance from the Texas attorney general regarding issuing marriage licenses to same-sex couples.
“While the Texas Attorney General has recommended that County Clerks and Justices of the Peace wait for clarity and direction from his office concerning religious liberty rights, the Supreme Court anticipated and rejected the response,” said Jo Anne Bernal, El Paso County Attorney. “The Court clearly stated that, while those who adhere to religious doctrines may continue to advocate and teach their principles, the Constitution does not permit the State to bar same-sex couples from marriage on the same terms as accorded to couples of the opposite sex.”
“The crux of the Supreme Court’s opinion is that marriage is a fundamental right that applies with equal force to same-sex couples. It is therefore incumbent upon the County of El Paso, its officers and employees to ensure that the constitutional protection recognized by the highest court in this county is strictly protected and to act as quickly as possible to do so,” Bernal said in a statement.
Bernal also wrote how the ruling affects the El Paso County Clerk’s Office
The County Clerk, Ms. Delia Briones, is required to issue a marriage license to a same-sex couple if requested by a same-sex couple that is otherwise qualified under state law.
There is no court order or other legal impediment prohibiting the County Clerk from issuing marriage licenses to otherwise-qualified same-sex couples. The failure to immediately and issue licenses to same-sex couples may subject the clerk and potentially the county to liability for the deprivation of recognized constitutional rights pursuant to (Federal Civil Rights Litigation 42 U.S. Constitution Section) 1983.
How the Supreme Court ruling affects El Paso County Departments
Departments under the supervision of El Paso County should immediately perform analysis to ensure that benefits currently afforded to married employees are extended to employees in a same-sex marriage. The County may be required to extend benefits or otherwise recognize same-sex couples who have lawfully married in another state. The Human Resources department should review the legal benefits available to married couples and extend those to same-sex married couples who have married in other states. The failure to respond immediately and recognize lawfully married same-sex couples may subject the county to liability for the deprivation of recognized constitutional rights pursuant to (Federal Civil Rights Litigation 42 U.S. Constitution Section) 1983.
