Texas Republicans could take new stand on same-sex marriage

[ Previous ]

That bill was filed on the same day last month that the Supreme Court heard arguments in the landmark gay marriage case – and long after a Senate deadline for new legislation.

It’s not as divisive as religious objection measures in Indiana and Arkansas that set off intense blowback earlier this year. Texas gay rights activists say they can live with the clergy bill – which they consider redundant – but the restrictions over marriage license have them on edge.

“It’s shocking that Texas lawmakers are pursuing a path that would set up this showdown,” said Rebecca Robertson, the legal and policy director for the ACLU of Texas.

Article continues below

That Bell’s bill already has so much support in the Texas House – which is more moderate, at least by the standards of Texas politics – signals that the Senate would also favorably greet the measure. The session ends June 1.

Some legal experts question the success Texas would have raising challenges over state sovereignty, saying those arguments have already been made to the Supreme Court in the current case.

“Any kind of appeal or challenge the state would bring would bring a fairly summary rejection by the Supreme Court,” said Carl Tobias, a law professor at the University of Richmond. “I don’t know what purpose it serves.”