Some of Texas’ county clerks are making plans to accommodate same-sex marriage license applicants in the event that federal judge Orlando Garcia lifts the stay on his ruling that tossed out the state’s ban on same-sex nuptials. Some other clerks are planning to be jerks about it.
Jeff Nicholson, chief deputy for Tarrant County Clerk Mary Louise Garcia, a Republican, said Tuesday he consulted with the DA’s office about the issue after receiving an inquiry from a citizen.
“They advised us very explicitly that the lifting of the stay by Garcia in San Antonio, which is a different district than the one we’re in, doesn’t have any effect on us,” Nicholson told the Observer. “I think the DA’s position is here, until this is very clearly decided, that Texas law is Texas law, and we’re going to sit tight.”
Ken Upton, Dallas-based senior counsel at the LGBT civil rights group Lambda Legal, said clerks in other states, including Kansas and Missouri, have taken similar positions.
“I don’t think there is anything keeping them from issuing the licenses once the stay is lifted, but an argument could be made that they aren’t required to do so until it [the outcome of the case] becomes final,” Upton said.
Ken Upton is nicer about this than I would be. I think that’s a chickenshit move, and I’d be happy to see any clerk that refused to follow the law get slapped with a contempt of court charge. Judge Garcia’s ruling invalidated a provision of the state constitution, which last I checked applied to all of the state. And why are they consulting with the DA’s office? Are there no qualified civil attorneys available to advise the Tarrant County Clerk? Sheesh.
Fortunately, same-sex couples from Fort Worth will be able to obtain licenses in Dallas, where Democratic clerk John Warren said he’s prepared to issue them.
“You take an oath to uphold the law, and if the law changes, you’ve got to do it,” Warren said. “If the law says I can’t, then I won’t. If the law says I can, then I will.”
Republican Bexar County Clerk Gerhard C. “Gerry” Rickhoff said in addition to keeping his office open ’round-the-clock, he’s considering setting up tables in Main Plaza to accommodate same-sex couples. Rickhoff said he’s also lined up district judges to waive a 72-hour waiting period before ceremonies can occur, as well as officiants to conduct them.
“There’s a pent-up demand to stop these civil rights violations that are pretty evident,” Rickhoff said. “I would imagine they’ll be driving into San Antonio in droves, and that’s what we’re prepared for. Nobody will be turned away. We’ll work until there’s nobody left.”
Democratic Travis County Clerk Dana DeBeauvoir said her office will also be ready to extend its hours if Garcia lifts the stay.
DeBeauvoir said she’s also prepared to “flip the switch” on changes to a database that would replace “bride” and “groom” with “Person 1” and “Person 2.”
Now that’s the way you do it. Harris County Clerk Stan Stanart says he’ll ask the AG’s office for advice and will do what they tell him, which is slightly less weaselly than Tarrant County Clerk Garcia. I don’t know what Judge Garcia will say or when he might say it, but this is coming whether some squeamish bureaucrats are ready for it or not. Those that aren’t need to grow up and get with the program or get out of office.