Texas Senate works toward passing bill so clerks can refuse to issue same-sex marriage licenses

[H.Ham]

After a 2015 Supreme Court decision changed the legal definition of marriage to include same-sex couples, state Sen. Brian Birdwell, R-Granbury, said a de-facto religious test was created for clerks and judges. Birdwell cited Article 1, Section 4 of the Texas Constitution as the reason behind a bill he filed that would allow clerks and judges to recuse themselves from issuing marriage licenses and performing marriage ceremonies for same-sex couples. “No religious test shall ever be required as a qualification to any office, or public trust, in this state,” the Texas Constitution reads.

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