Here is a link to the TX Attorney General's letter opinion dated June 28, 2015, and located on the official state website:
OPINION NO. KP-0025
What are your thoughts after reading the AG opinion in its entirety?
Here is another link and relevant content:
ABOUT ATTORNEY GENERAL OPINIONS
Quote:Although the courts have generally ruled that opinions are "advisory in nature," persons who reasonably rely on Attorney General Opinions may be protected from civil and criminal liability, even if the Attorney General has erred in his interpretation.
Scenario 1: A county clerk [as an elected county official and sworn agent of the state] refuses to provide an application for a marriage license to a homosexual couple upon their request or refuses to issue a marriage license to a homosexual couple upon their application;
Scenario 2: An employee of the county clerk's office refuses to provide an application for a marriage license to a homosexual couple upon their request or refuses to issue a marriage license to a homosexual couple upon their application.
Under Scenarios 1 & 2, do you think the county clerk or the employee have a defense based on
reasonable reliance on the AG's opinion? and why?
Would your opinion be the same or different if the county clerk or employee politely kept his or her religious views to him- or herself and promptly sent another polite person to provide the government service? What if the person was so impolite or judgmental that he/she dampened what should have been a joyous occasion for the couple? What if there is no other person available who is willing to provide this vital government service to the couple and they must leave the clerk's office without a marriage license?
There are many other questions swirling in my head, but I think this is enough to don our thinking caps and to discuss the matter further.