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Anti-Marriage Legislation

HB 623 – Bell
Federal Courts have increasingly found that state prohibitions on the freedom to marry violate constitutional protections of equal protection under the law. In anticipation of federal courts finding Texas’ anti-marriage laws unconstitutional HB 623 punishes state employees who would follow the law by issuing marriage licenses to loving couples. The bill would also attempt to exempt the State of Texas from Constitutional requirements.

HB 1745 – Bell
SB 673 – Perry
In 2015, the Travis County Clerk complied with a court order to issue a marriage license to a loving lesbian couple who have been together for 30 years, and experiencing health concerns, petitioned the court fearing they might not see the day when a federal court found Texas’ prohibition on the freedom to marry unconstitutional. In response, these bills seek to remove the power from locally elected county clerks and place it with the secretary of State, who is appointed. This would allow the Secretary of State to disallow the issuance of marriage licenses in counties whose clerks complied with court orders requiring the issuance of licenses.

HB 2555- White, M
Federal Courts have increasingly found that state prohibitions on the freedom to marry violate constitutional protections of equal protection under the law. In anticipation of federal courts finding Texas’ anti-marriage laws unconstitutional, the bill simplistically exempts the State of Texas from Constitutional requirements, defying the nation’s supremacy clause.

HB 4105 – Bell
HB 4105 attempts to stem the tide of the freedom to marry by refusing funding to maintain governmental offices that may be required by court order to recognize equal access to marriage. The bill also requires that County Clerks send all fees collected in association with the issuance of marriage license to the Secretary of State and then instructs the Secretary of State to return those funds only to those counties which do not comply with court orders requiring the issuance of marriage licenses to loving, committed same-gender couples.