AUSTIN, Texas (AP) — Texas Attorney General Ken Paxton says a federal judge should not hold him in contempt over the state initially refusing, but ultimately agreeing, to reflect the marriage of a gay couple on a death certificate.
It is the latest conflict surrounding Paxton since the U.S. Supreme Court legalized gay marriage earlier this summer. Critics have accused the Republican, a vocal opponent of same-sex marriage, of resisting the landmark ruling by advising county clerks in Texas that they could refuse marriage licenses to gay couples on religious grounds.
State health officials said late Thursday they complied with a court order to amend the death certificate of a Houston gay man’s late husband. But that was not before U.S. District Judge Orlando Garcia ordered Paxton to appear in court and explain why he shouldn’t be held in contempt for enforcing state laws that impede gay marriage rights.
Paxton argued there is “no authority” for a constitutional officer to be held in contempt for providing legal advice to the Texas Department of State Health Services. He told the San Antonio court that he did not personally refuse to amend the death certificate, and only gave legal advice to state health officials.
“The request for an order holding the attorney general in contempt is particularly striking,” Paxton’s office told the court in a filing late Thursday.
John Stone-Hoskins of Conroe, whose husband died in January, said the death certificate initially listed him as a “significant other.” The couple married last year in New Mexico. Stone-Hoskins argued that the Supreme Court decision means state records such as death certificates should recognize such unions.
But Paxton’s office counters that Stone-Hoskins is pressing a separate issue of whether the state must retroactively amend death certificates that predate the Supreme Court decisions.
Department of State Health Services spokeswoman Carrie Williams said Friday she could not speculate how this case may affect similar requests in the future.
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What an azz*hole. See, in TX Republican officials are always for the rule of law…unless and until they personally disagree with the court’s findings. Then, of course, it’s all extra-legal, runaway liberal judges, etc. I do hope the judge jails this clown for at least 30 days and only then allows him to come forth in court to explain his actions.
There’s nothing here to suggest the judge actually made a ruling of contempt — click bait
http://hosted.ap.org/dynamic/stories/U/US_GAY_MARRIAGE_TEXAS?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT
The actual hearing is this Wed. at 10:00 a.m.
See, here’s the thing. If a judge orders you to appear, and you don’t, that is contempt. Trying to weasel out of a contempt hearing is not a shield, nor is being “a constitutional officer”
Slick Billy is not so slick as he thinks.
C’mon judge. Line 'em up-- and knock 'em down.
jw1
It seems like Texas will be brought kicking and dragging their feet into the 21st century. This was, in essence, a very minor and somewhat “trivial” issue, (although NOT trivial to the party involved), so I’m sort of waiting for the Texas AG to be brought up on charges of obstruction of justice in his (supposed) refusal to allow for the issuance of marriage licenses in any of the jurisdiction that is part of the state of Texas. THAT will be a major issue
I wonder if the current AG’s great grandparents were once slave-owners running a cotton plantation, that would make sense. That would be interesting research into why this dullard got to be so dumb.