Texas: even if U.S. Supreme Court rules in favor of same sex marriage, state judges must deny licenses/recognition

Last month when a Texas judge ordered the issuance of a same sex marriage license it set off a firestorm of protest in the state’s legislature, with one member going so far as to refer the judge to the state’s judicial disciplinary commission. With a decision from the U.S. Supreme Court expected on the subject of same sex marriage soon, one member of the Texas House wants to direct that state’s judges continue to ban same sex marriage, regardless of what the court rules.

HB 2555 as filed last week would amend the state’s existing law (Family Code 6.204) which declares marriage is solely between one man and one woman and add the following prohibition on recognizing any federal court ruling to the contrary

(e) Section 32, Article I, Texas Constitution [defining marriage as one man and one woman as well], and Subsections (b) and (c) of this section apply regardless of whether a federal court ruling or other federal law provides that a prohibition against the creation or recognition of a same-sex marriage or a civil union is not permitted under the United States Constitution.

HB 2555 is in addition to another bill (HB 623) which would deny pay to any judge that recognizes, grants, or enforces a same sex marriage license discussed here.

HB 2555 has been filed but not yet assigned to a committee.

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