TEXAS: State Issues Amended Death Certificate For Husband Of Gay Man

The Houston Chronicle reports:

Facing possible contempt and a court order, Texas officials have now changed the death certificate of a gay man to add his husband as the surviving spouse. The Department of State Health Services "has issued an amendment to the death certificate for James Stone-Hoskins. It now lists John Allen Stone-Hoskins V as his spouse," a department spokeswoman said in an email Thursday night. "The amended death certificate was issued this evening as ordered by the U.S. District Court and requested by John Stone-Hoskins." The department had refused to change it after John Stone-Hoskins, 37, of Conroe tried to get the state to make the amendment following the landmark U.S. Supreme Court ruling on June 26 that said gay marriage is legal in all 50 states. He married James Stone-Hoskins in New Mexico in 2014 after being together for 10 years. James Stone-Hoskins died in January at 32.

Texas Attorney General Ken Paxton is due in court next week to face potential contempt charges over the state's earlier refusal to issue the correct death certificate. (Tipped by JMG reader Mike)

TEXAS: AG Ken Paxton Ordered To Appear In Court Over Marriage Recognition

The San Antonio Express-News reports:

U.S. District Judge Orlando Garcia has ordered Texas officials to appear in court next week to determine if the state should be held in contempt for failing to recognize same-sex marriage. Garcia issued the order Wednesday in response to a request from a Conroe police officer who says the Texas Department of Health and Human Services refused to amend his spouse’s death certificate to reflect he was married. The death certificate lists him as single. Garcia instructed the state on Wednesday to immediately amend the death certificate of James Stone-Hoskins to add John Allen Stone-Hoskins as the surviving spouse. John Stone-Hoskins, a former police officer who lives in Conroe and is dying from cancer, asked Garcia to hold the department and the Texas Attorney General Ken Paxton in contempt. Garcia ordered Paxton to appear before this Court next Wednesday at 10 a.m.

Paxton was arrested and booked on multiple felony securities fraud charges on Monday.

Texas AG Ken Paxton Smirks For Mugshot After Arrest On Multiple Felony Charges

Anti-gay Texas Attorney General Ken Paxton was today arrested and booked on the three felony securities fraud charges announced on Friday. He was released on bond shortly afterwards.

Around noon, the grand jury indictment against Paxton was unsealed, revealing that two first-degree fraud charges were based on Paxton’s efforts in July 2011 — when he was a member of the Texas House — to sell stock on behalf of Servergy Inc., a McKinney-based tech company. According to the indictment, Paxton failed to tell stock buyers — including state Rep. Byron Cook, R-Corsicana, and Florida businessman Joel Hochberg, who were listed as complainants on the fraud charges — that he had been compensated with 100,000 shares of Servergy stock. Paxton also said he was an investor in Servergy when he was not, the charges indicated. Paxton encouraged investors, including Texas House members, to put more than $600,000 into Servergy, special prosecutor Kent Schaffer told the New York Times last week.

Democrats are calling for Paxton's resignation. The Texas GOP has issued a statement which declares that Paxton is entitled to his day in court. (Tipped by JMG reader Charles)

TEXAS: Anti-Gay AG Ken Paxton Indicted On Multiple Counts Of Securities Fraud

Via the New York Times:

Ken Paxton, the Republican attorney general of Texas and a former state legislator, has been indicted by a grand jury on charges of securities fraud and of failing to register with the state securities board, officials said. The grand jury in the northern Dallas suburb of McKinney handed up a three-count indictment against Mr. Paxton on Tuesday, the officials said. The indictment is to be unsealed on Monday, when Mr. Paxton is expected to turn himself in to the authorities at the Collin County Jail. The charges — two counts of first-degree securities fraud and one count of third-degree failure to register — are tied to Mr. Paxton’s work soliciting clients and investors for two companies while he was a member of the Texas House of Representatives, before he was elected attorney general in November.

RELATED: Several days after the Obergefell ruling, Paxton declared that county clerks were allowed to refuse to issue same-sex marriage licenses.

TEXAS: Attorney General Ken Paxton May Face Felony Securities Fraud Charge

Via the Dallas ABC affiliate:

The criminal investigation against Texas Attorney General Ken Paxton has taken a more serious turn, with special prosecutors now planning to present a first-degree felony securities fraud case against him to a Collin County grand jury, News 8 has learned. Special prosecutor Kent Schaffer told News 8 Wednesday afternoon that the Texas Rangers uncovered new evidence during the investigation that led to the securities fraud allegations against the sitting attorney general. "The Rangers went out to investigate one thing, and they came back with information on something else," Schaffer told News 8. "It's turned into something different than when they started."

The potential charges reportedly involve amounts "well in excess of $100,000."

TEXAS: Half Of Counties Still Holding Out

About half of the 254 Texas counties are not yet issuing same-sex marriage licenses, citing excuses such as "religious liberty" and not having the correct forms. The Dallas Morning News is running an interactive map. (Tipped by JMG reader Bryan)

TEXAS: Clerk Won't Issue Licenses

Yesterday Texas Attorney General Ken Paxton declared that clerks can refuse to issue same-sex marriage licenses. Today we've got our first taker.

Trinity County Clerk Shasta Bergman issued a statement Monday that said she will not issue licenses to same-sex couples for religious reasons and as a matter of conscience. “However on the heels of the Supreme Court decision, my staff and I have worked out a solution that works for each person's religious freedoms as well as other personal beliefs and opinions,” Bergman said. “After checking with each deputy clerk in order to get their individual perspectives on this issue and to ensure that any decision was not going to trample the rights of any clerk by delegating the duty to someone who held the same religious beliefs as myself.” Bergman said as a result of the meeting between her and her staff, they have concluded that all marriage licenses will be given by appointment only to make sure no clerk is in a position to go against his or her beliefs, and no citizens are denied their rights to be provided with a marriage license. According to Bergman, there will be clerks available to issue licenses to same-sex couples, and there will be clerks that will not issue the licenses because of religious convictions.

Trinity County is near Houston and has a population of 14K. (Tipped by JMG reader Gene)

TEXAS: AG Ken Paxton Says Clerks Can Refuse To Issue Marriage Licenses

Via the Austin Statesman:

County clerks can refuse to issue marriage licenses to same-sex couples based on religious objections to gay marriage, Texas Attorney General Ken Paxton said Sunday. Paxton noted that clerks who refuse to issue licenses can expect to be sued, but added that “numerous lawyers stand ready to assist clerks defending their religious beliefs,” in many cases without charge. The formal opinion did not specify what constitutes a sincerely held religious belief, noting that “the strength of any such claim depends on the particular facts of each case.”

“Friday, the United States Supreme Court again ignored the text and spirit of the Constitution to manufacture a right that simply does not exist. In so doing, the court weakened itself and weakened the rule of law, but did nothing to weaken our resolve to protect religious liberty and return to democratic self-government in the face of judicial activists attempting to tell us how to live,” Paxton said. Paxton’s opinion also noted that judges and justices of the peace can refuse to perform same-sex marriages.

Paxton: "The reach of the court’s opinion stops at the door of the First Amendment and our laws protecting religious liberty."

Read the full opinion.

Texas AG Ken Paxton Has The Sadz

"The truth is that the debate over the issue of marriage has increasingly devolved into personal and economic aggression against people of faith who have sought to live their lives consistent with their sincerely-held religious beliefs about marriage. This ruling will likely only embolden those who seek to punish people who take personal, moral stands based upon their conscience and the teachings of their religion. It is not acceptable that people of faith be exposed to such abuse.  Displays of hate and intolerance against people of faith should be denounced by all people of good will and spark concern among anyone who believes in religious liberty and freedom for all."- Texas Attorney General Ken Paxton, via press release.

TEXAS: AG Ken Paxton Warns Counties Not To Immediately Issue Licenses

Via the Associated Press:

Texas Attorney General Ken Paxton urged county officials Thursday to not immediately begin issuing marriage licenses to same-sex couples if the U.S. Supreme Court rules that gay marriage is legal. His recommendation came shortly before the court was expected to hand down its long-awaited decision. But county leaders in Austin, San Antonio and Dallas have already said that if the high court allows it, they won't wait for state approval and are prepared to begin issuing marriage licenses very quickly. Paxton, a Republican who opposes gay marriage, suggested they stand pat until hearing from his office. "Whatever the ruling, I would recommend that all county clerks and justices of the peace wait for direction and clarity from this office about the meaning of the court's opinion and the rights of Texans under the law," Paxton said in a statement.

Texas' ban on same-sex marriage was overturned in 2013. The Fifth Circuit Court heard the appeal of that ruling in January of this year, but declined to issue a decision pending SCOTUS.

Matt Baume: Marriage News Watch

Clip recap:

A bill to allow North Carolina officials to refuse to serve any couple they don't like is several steps closer to passing, even after the governor vetoed it. Texas is coming up with new excuses for refusing to issue marriage licenses. And with a federal ruling on marriage due any day now, Judge Roy Moore continues to speak out against the Supreme Court.

Texas AG Ken Paxton Refuses To Say If His State Will Defy SCOTUS On Marriage

Via Raw Story:

Texas Attorney General Ken Paxton suggested on Wednesday that a bill that would prevent county clerks from issuing or recognizing same-sex marriage licenses was reaffirming the will of the voters of the state. “We passed a constitutional amendment [banning same-sex marriage] in 2005, it was overwhelmingly approved by the voters,” Paxton told CNN host Alisyn Camerota. “That’s our background here.” “My job as attorney general and the job of the Legislature is to really follow the will of the people and enforce the laws that we have,” he remarked. “This is both in statute and in our constitution. So, that’s my job, and that’s the job of the Legislature.” But the attorney general was not willing to say that the state would follow the Supreme Court if it decided to rule in favor of legalizing same-sex marriage later this year.

The Texas House has until midnight tomorrow to approve HB4105 unless the governor calls them back for a special session. Watch the full clip but pay close attention starting at the 2:45 mark when Paxton takes a long pause and then refuses to answer a direct question as to whether his state will defy SCOTUS.

Federal Court Blocks Medical Leave For Married Gay Couples In Four States

Last night a federal judge issued a preliminary injunction against a recently-issued Labor Department policy that grants family medical leave benefits to married same-sex couples in states that forbid same-sex marriage. Chris Johnson reports at the Washington Blade:

In a 24-page decision, U.S. District Judge Reed O’Connor, an appointee of George W. Bush, issued the preliminary injunction based on the threat of irreparable harm to Texas, which filed the lawsuit against the regulation. “The Court finds that Plaintiffs have demonstrated that irreparable injury would occur,” O’Connor writes. “For example, the Final Rule would require Texas agencies to recognize out-of-state same-sex unions as marriages in violation of Texas Family Code § 6.204(c)(2), which expressly prohibits state agencies from ‘giving effect to a . . . right or claim to any legal protection, benefit, or responsibility asserted as a result of a marriage between persons of the same sex or a civil union in this state or in any other jurisdiction.’…Defendants’ argument that the Final Rule only affects the states in their capacity as employers does not take into account the clear and expansive language of the text. Accordingly, Plaintiffs have met their burden under this factor.”

The suit was filed last week by Texas AG Ken Paxton and was followed by thrilled press releases from anti-gay hate groups. Yesterday Louisiana AG Buddy Caldwell announced that he had joined the suit. Read the ruling.

TEXAS: Bill To Ban Same-Sex Marriage Sees Resistance From House Committee

Late last night a committee of the Texas House took public comments about  Rep Cecil Bell's bill that would forbid county clerks from issuing any marriage licenses, putting that duty in the sole hands of the secretary of state. The bill further bans the issuing of same-sex marriage licenses by any state employee, no matter how the Supreme Court might rule. As those of you here witnessed via the live-stream, there were some beautiful, moving testimonies from the parents of gay children as well as the usual illogical bleating from representatives of hate groups.

Members of the committee grilled Bell at some length about the financial aspects of the bill, which would cost the state an estimated $1.6M in the first year and $1M annually thereafter. Via the Texas Tribune:

The bill’s pricey fiscal note, prepared by the Legislative Budget Board, includes salaries for 18 full-time employees who would be required to issue marriage licenses. Texas counties issued 185,510 marriage license applications and declarations of informal marriage in 2013. No vote on the bill was taken, and Bell told the committee he intended to present a revised version that will address the fiscal impact. Geren said he would also like Bell to address the local impact on individual counties. "The fiscal note says there's no local impact. My [county clerk] disagrees with that, and I think the testimony here shows several clerks disagree with that," Geren told Bell. "I think there is a local impact in the millions of dollars, and I don't know how we address that, but I hope that you will in the substitute that you're working on. Turner seemed less interested in considering Bell’s bill substitute, saying the measure would create “chaos and confusion.” When Bell reiterated he would present a bill substitute, Turner responded, “I don’t care how much lipstick you put on it.”

Bell has introduced three other anti-gay bills and those have not yet been heard. Only four Democrats sit on the 12-member House State Affairs Committee. Same-sex marriage is already banned by Texas statute and by the state constitution, so Bell's action represents a triple ban.

TEXAS: At The Anti-Gay Marriage Rally

TEXAS: Live From Today's Hate Rally

Texas Values is about to begin its anti-gay marriage hate rally in Austin where Judge Roy Moore and Texas Attorney General Ken Paxton are among the scheduled speakers. Lone Star Q is on the scene and live-tweeting. Hit the link and follow along.

UPDATE: The Austin Statesman is also live-tweeting.

UPDATE II: The opening prayer was delivered by Rick Scarborough, who has declared that God would be justified in nuking America because we have gay ambassadors. He's also called for a class action lawsuit against homosexuality itself.

UPDATE III: Also making an appearance today was Texas state Rep. Cecil Bell, who has introduced a bill to stop the paychecks of any state employee who issues a same-sex marriage license. Pictured with Bell is Texas Values head Jonathan Saenz, whose wife left him for another woman.

UPDATE IV: The final speaker was Roy Moore.

Matt Baume: Marriage News Watch

Clip recap: "It's been nearly two months since marriage was supposed to start in Alabama, and the state still doesn't have its act together. Texas just filed a lawsuit to prevent gays and lesbians from taking family medical leave. And it's going to take at least five different bills to overturn Michigan's marriage ban."

TEXAS: Attorney General Ken Paxton To Speak At Anti-Gay Marriage Hate Rally

Also speaking will be Roy Moore.

TEXAS: Haters Cheer Lawsuit To Stop Gay People From Caring For Sick Spouses

"We fully support Texas Attorney General Paxton’s actions to ensure that both the U.S. Constitution and the Texas constitution are fully respected and upheld. The federal government’s effort to force state agencies to recognize out-of-state same-sex marriages is just another example egregious abuse of power. We are appalled by the federal Department of Labor’s blatant disrespect for Texas voters and Texas values. This federal government overreach by an Obama agency is way out of line and must be stopped." - Texas Values head Jonathan Saenz, applauding the federal lawsuit to exclude same-sex couples from medical leave.

TEXAS: AG Sues Feds To Stop Medical Leave For Married Same-Sex Couples

The Dallas Morning News reports:

Attorney General Ken Paxton sued the U.S. Department of Labor on Wednesday over a proposal to extend family leave benefits to same-sex married couples. Under the proposed federal rule to take effect March 27, the definition of “spouse” would be revised to include gay partners who were married in a state that recognizes same-sex unions. The new rule would direct state agencies to grant family and medical leave benefits to all such couples. Paxton said the Texas constitution holds that such unions cannot be recognized and therefore he is advising state agencies to follow state law and not the federal rule. “This lawsuit is about defending the sovereignty of our state, and we will continue to protect Texas from the unlawful overreach of the federal government,” Paxton said. The issue involves the Family Medical and Leave Act, which provides employers must allow unpaid time off for workers to tend to certain qualified family emergencies. “Texans have clearly defined the institution of marriage in our state, and attempts by the Obama Administration to disregard the will of our citizens through the use of new federal rules is unconstitutional and an affront to the foundations of federalism,” Paxton said.

We're still waiting for the Fifth Circuit Court to rule on the marriage cases out of Texas, Mississippi, and Louisiana. Oral arguments were heard back in January and most observers have predicted a 2-1 split in favor of the good guys.