This Is What Happens To When Court Clerks Refuse To Issue Same-Sex Marriage Licenses

[Webster]

...religious liberty my ass! More like discrimination using religion as a cudgel...

(Think Progress) In Texas, Hood County Clerk Katie Lang had refused to issuemarriage licenses to same-sex couples for well over a week after the Supreme Court’s ruling in Obergefell v. Hodges. The conservative group Texas Values rallied in her defense and even the Family Research Council propped up her discriminatory cause. On Monday, however, Lang folded, and she may now have to pay the price for waiting.

Since June 29, the Monday after the ruling, Jim Cato and Nebulous Stapleton, who have been together for 27 years, have been trying to obtain the marriage license they’ve waited so long for. When rejecting them, Lang claimed that her staffers would issue the license instead, but Cato and Stapleton were then told they couldn’t be helped because the clerk’s office did not have the new gender-neutral forms, which would supposedly take “three or more weeks” to arrive.

Last Thursday, they brought their own copy of the state’s new form, and still they were refused a license. When they insisted, Lang told everyone to leave the office and called the Sheriff’s Department, who stood guard but did not force anyone out. Cato and Stapleton had been in touch with their lawyer, who arrived at Lang’s office to deliver a letter warning of a suit if a license wasn’t issued. A staffer began to process their application, but then asked, “Which of you will be the husband?” When they insisted upon the new form, which lists “applicant 1″ and “applicant 2″ instead of “husband” and “wife,” the staffer then refused to accept their payment of the $83 fee. Lang reappeared and confirmed that they would still have to wait several weeks to get their license anyway because she had to wait for revised certificate forms, even though a different-sex couple could have filed the form and left with a license the same day.

Monday morning, Cato and Stapleton filed a federal lawsuit, which describes their experiences being rejected as “humiliating and degrading.” Less than two hours after the suit was filed, Lang’s office issued the couple a marriage license.

But as their attorney, Jan Soifer, explained shortly thereafter, the suit would proceed. “It’s a shame that they needed to hire lawyers and file a lawsuit to make that happen,” Soifer said. Because the issuing of the license proved the office could have done the same ten days prior, “the lawsuit will not be dismissed until and unless we have an agreement from Clerk Lang that her office will issue marriage licenses to all couples, gay and straight, without delay, and an agreement to pay Jim and Nebulous’s attorneys’ fees for being forced to file the lawsuit.” Under federal law, if Cato and Stapleton are deemed the “prevailing party” in their suit, Lang — or state — may indeed be responsible for paying those attorneys’ fees.

Watch an excerpt from their press conference from Monday afternoon, via The Dallas Morning News:


Lang’s office has yet to comment on the suit or the availability of marriage licenses for same-sex couples. Either way, as Cato described it, “It’s an incredible day. It’s a historic day for Hood County.”

...quoting two of the comments:

--When you are on the job as a public servant, your personal beliefs do not matter. You are merely a representative of the government while on the clock. If they can't do that than they should find another job.

--"Under federal law, if Cato and Stapleton are deemed the “prevailing party” in their suit, Lang — or state — may indeed be responsible for paying those attorneys’ fees."

I'm sure there are many counties all across the country where clerks, magistrates, and others are deliberately dragging their feet to make things as difficult as possible for same sex couples. They would do well to pay attention to what's going on in Hood County.

...I really, really hope the courts slam Ms. Lang & Hood County over this, but it bears repeating: if you are a public servant, you do not get to use your personal beliefs as a cudgel to discriminate. Either do your goddamn job or get the hell out of the way! *adds deadpan* ....and unlike most times, I ain't apologizing for the language either! :usa:

 

[WHO IS SERAFIN]

Good for her standing up to a unconstitutional and illegal ruling from the supreme court. They had no right to bypass the Constitution and what was clearly states rights. I hope to see peaceful civil disobedience across this country on this subject and others.

 

[Webster]

 

[Webster]

Good for her standing up to a unconstitutional and illegal ruling from the supreme court. They had no right to bypass the Constitution and what was clearly states rights. I hope to see peaceful civil disobedience across this country on this subject and others.

All she has to do is issue a marriage license, that's all, Liberty...if she doesn't want to do that, then as I said earlier, she needs to get the fuck out of the way and let someone else do it. What she doesn't get to right is interject her religious/personal beliefs into her position as a civil servant....or would you prefer we live in a theocracy, because that is what you are implying.

 

[WHO IS SERAFIN]

All she has to do is issue a marriage license, that's all, Liberty...if she doesn't want to do that, then as I said earlier, she needs to get the fuck out of the way and let someone else do it. What she doesn't get to right is interject her religious/personal beliefs into her position as a civil servant....or would you prefer we live in a theocracy, because that is what you are implying.

And that would be unconstitutional no matter what our political court says. Could careless what her reasons are but if this was a state and the people deciding we want to allow government recognized marriage then so be it the people have spoken. But at every turn political courts are ignoring what the people have decided should be how there state runs and having a court ruling what is clearly a states issue any person with half a brain can understand the Constitution. As I said bring on peaceful civil disobedience across this country.

 

[WHO IS SERAFIN]

She is doing just that.

 

[Webster]

She is doing just that.

No, she's not; if she were obeying the Constitution, Liberty, she'd issue the damn licenses w/out regard to her own beliefs. If she can't do that, she needs to get the hell out and let someone in who will do their damn job.

 

[WHO IS SERAFIN]

She most definitelyi s following the constitution more then our supreme court has done. She needs to stay and others need to defy the federal governmenti n a peaceful manner at every turn.