Texas bill, almost identical to SC one: Judges that “recognize, grant, or enforce” same sex marriage licenses are to be denied pay

I mentioned last month an effort in South Carolina that would provide that state judges recognizing or upholding same sex marriage license were to be automatically removed from the case and denied pay. It appears portions of the South Carolina bill have now been introduced in Texas. (h/t Governing, Texas Tribune)

HB 623, filed last week, provides

A state or local governmental employee officially may not recognize, grant, or enforce a same-sex marriage license. If an employee violates this subsection, the employee may not continue to receive a salary, pension, or other employee benefit at the expense of the taxpayers of this State.

It, like the South Carolina bill, also purports to make the law itself immune from constitutional challenge by prohibiting state judges from overturning the law itself

A court of this State shall dismiss a legal action challenging a provision of this section and shall award costs and attorney’s fees to a person or entity named as a defendant in the legal action.

Moreover, the bill provides should a case be allowed to go forward or a state judge “recognize, grant, or enforce a same-sex marriage license” they “may not continue to receive a salary, pension, or other employee benefit.”

HB 623 has been prefiled for the 2015 session set to start tomorrow.

One thought on “Texas bill, almost identical to SC one: Judges that “recognize, grant, or enforce” same sex marriage licenses are to be denied pay

  1. Pingback: Oklahoma bill would deny judges salaries, use judicial disciplinary system to remove judges who recognize same sex marriage licenses Gavel to Gavel | A review of state legislation affecting the courts

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