In response to the refusal of some county clerks across the country to issue same-sex marriage licenses based on religious objections, we asked civil rights attorneys and activists their take on the situation.
Austin (Texas) Civil Rights Attorney Jody Scheske
“We settled the idea that public officials can pick which citizens to serve or not in the ’50s and ’60s civil rights litigation. They cannot,” Scheske said. “Public officials cannot refuse to serve certain citizens because the official’s personal religion disapproves of those citizens. Nothing in the Texas Religious Freedom Restoration Act provides a legal basis for public officials to avoid their duties b/c of their religion. Note to Texas clerks, judges: RFRA says religion is not a defense to civil rights claims against you for failing to fulfill your public duties.”
San Antonio (Texas) Civil Rights Attorney Neel Lane
“State and local officials who refuse to comply with the Supreme Court’s ruling set themselves up for costly lawsuits. Private citizens can file federal civil rights lawsuits, which are called ‘Section 1983′ claims, against recalcitrant state and local officials.”
Fort Lauderdale attorney Michael Becker
“The Supreme Court is the law of the land, and as a result of this monumental decision, all states are now required to issue marriage licenses to same-sex couples and to recognize same-sex-marriages validly performed in other jurisdictions.
In protest, county clerks across the United States have been refusing to issue marriage licenses to same-sex couples, most if not all citing their objection based on their religious beliefs. A county clerk is an elected civil service position responsible for filing vital records, or important documents related to a specific county’s population including birth, death, and marriage certificates.
If a county clerk refuses to issue a marriage license, than they are essentially breaking the law, which they swore to uphold. They have no choice but to resign and go find another line of work. If they refuse to resign, than they should be fired on the spot, and if they fail to leave, than they should be arrested and taken to jail to post bond. The Supreme Court made it very clear, there is no more room left in this country for the hatred and bigotry that has followed same-sex couples throughout our historic past.”
Fort Lauderdale City Commissioner and attorney Dean Trantalis
“Social change is often a tough sell. Just try to pry away the protection of those who wrap themselves in their beliefs. But we are a pluralistic country, and it is a time-honored tradition we have of embracing the differences amongst people. The law stands behind these differences. Those who take an oath to enforce the law must do just that. If they refuse, then they should be dismissed or imprisoned. That’s another time-honored tradition.”
Equality Kansas Executive Director Tom Witt
“(Republican Governor Sam Brownback) has told his agencies how to avoid compliance (with the law). His order is an attempt to use ‘religion’ as a shield behind which he hides his utter contempt and disregard for the rights and humanity of every LGBT Kansan. His order is an affront to religion and people of all faiths. More damning, however, is Governor Brownback’s unlawful and unconstitutional power grab. In his order, Brownback claims authority over “all departments, commissions, boards, agencies, and political subdivisions of the State of Kansas.” With those words, Governor Brownback has just declared himself the supreme ruler of every local school board, every state university, every community college, and every independent commission, hospital board, library board, township, city and county in our state.”
