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I've been reading about county clerks here and there who are either refusing to issue marriage licenses to same sex couples or who are thinking about it while their local government sorts out the aftermath of the SCOTUS ruling. The Texas attorney general who directly challenged compliance at the county level has admitted that county clerks who refuse to issue licenses risk being sued or fired, but he's promising an army of lawyers to defend the clerks who refuse their duties.
I'd recommend that while naming the offending clerks in a civil suit is satisfying, and ought to be done, the more fruitful course is probably to sue the county or other municipal government for whom the clerks work if that is possible. County attorneys will know the score, and will advise that municipalities so litigated can expect to lose large financial judgements or be forced into expensive settlements. I'll bet some arm twisting would then occur behind the scenes. Faced with having their annual budget ripped apart by legal costs and settlements, counties will have to decide how much they are willing to pay to cover for their clerk's obstinacy.
daleanime
(17,796 posts)Angry Dragon
(36,693 posts)Is he planning on spending the peoples' money to defend people that are refusing to do the work of the people??
HassleCat
(6,409 posts)The county clerks should ignore the very, very poor legal advice from the guy who thinks he is their boss. He is not their boss, and he cannot order them to break the law. They are not immune from lawsuits on the grounds of, "My boss told me to do it." County clerks should immediately write this guy letters informing him they will not break the law just because he say so. Anyone who works for a county clerk who demands they not issue marriage licenses should write a letter saying, "Dear boss. Please relieve me of all duties associated with determining who may or may not be issued a marriage license." You're right about the counties. I'll bet there are boards of commissioners fuming and fussing about the liberal activist court, but they will not go on record as defying the law. Well, OK, maybe if Jesus tells them to...
bluestateguy
(44,173 posts)And bigoted as they are, I'll at least say that that is a more honorable and principled move than the dead end moves you cite above.