AG gives clerks OK for same-sex marriage licenses
The AG’s move on Friday was criticized by an attorney for the plaintiffs and by constitutional law expert and professor Matt Steffey.
On Monday, the Attorney General sent an e-mail to clerks that his directive on Friday “seems to have been misinterpreted as prohibiting Circuit Clerks from issuing marriage licenses to same sex couples. The statement was merely meant to explain that an order of the Fifth Circuit would be necessary to lift the stay.”
Despite the fact the stay has not yet been lifted, the letter continued, “Obergefell is the law of the land. If a clerk has issued or decides to issue a marriage license to a same sex couple, there will be no adverse action taken by the Attorney General against that circuit clerk on behalf of the State … On the other hand, a clerk who refuses to issue a marriage license to a same sex couple could be sued by the denied couple and may face liability.”