Off the Kuff Rotating Header Image

Hood County

Let the clerks out of it

I approve of this.

The state’s leading LGBT advocacy group has thrown its support behind a bill that would accommodate county clerks with religious objections to same-sex marriage.

Under Senate Bill 911, by state Senator Joan Huffman, R-Sugar Land, marriage licenses in Texas would no longer specify the names of clerks who issue them, instead listing only the counties where they’re obtained.

Chuck Smith, CEO of Equality Texas, said though he hasn’t spoken with anyone from Huffman’s office about SB 911, his group is supporting the bill as “a simple solution.”

“If there are county clerks who want to make a stink, then this proposed legislation cuts their feet off,” Smith said. “Your name isn’t on it [the license]. Nobody would know. Do your job.”

[…]

SB 911 is one of at least four proposals in the 85th Legislature dealing with county clerks and marriage licenses. Others would allow clerks to opt out of issuing licenses to same-sex couples altogether, in some cases forcing them to travel to adjacent counties, which experts say would run afoul of the Obergefell decision.

“The delivery of the service, the access to a license, has to be the same for all people, and if that can be accomplished, we are supportive of that,” Smith said. “I would suggest that [SB 911] is the solution to eliminate any of the other proposed legislation related to county clerks or related to marriage licenses that we would oppose.”

The story notes the Hood County saga, and quotes the Irion County Clerk, who allows that this might satisfy the objections of people like her. I personally don’t think that County Clerks should need to be accommodated in this way since none of this is about them, but whatever. If something as simple as this will get the complainers to knock it off, then I’m all for it.

The cost of defying the law on same sex marriage

Nearly $44K in attorneys’ fees, and it could have been worse.

It has been a month since Joe Stapleton and Jim Cato finally got the marriage license Hood County Clerk Katie Lang denied them because of her religious beliefs. It only took a federal lawsuit to get it.

Today that suit was settled, and according to the attorneys representing Stapleton and Cato, Lang’s refusal to issue the license ended up costing Hood County $43,872.10 in attorney’s fees. They will now move to dismiss the suit.

“It is a shame that Hood County Clerk Katie Lang refused to follow the rule of law, causing our clients to go through the difficulties of hiring lawyers and filing a federal lawsuit to obtain the marriage license to which they are constitutionally entitled,” says attorney Pat O’Connell, one of Stapleton and Cato’s attorneys. “And it is sad that the taxpayers of Hood County have to pay the price for their elected official’s misconduct.”

According to Austin attorney Jan Soifer, who also represented the couple, the Hood County Commissioners agreed to settle the suit “to save [Lang] from dealing with the additional expense and significant financial exposure her actions caused the taxpayers of her county.”

See here, here, and here for the background. The lawsuit was filed July 7, so this was a quick resolution. I imagine the Hood county Commissioners Court finally got some better legal advice than what Ken Paxton was dishing out post-Obergfell, and saw the writing on the wall. Lang’s pointless yet defiant anti-same-sex-marriage manifesto is still up on her County Clerk webpage, so I think it’s fair to say the commissioners saved her from herself as well. If there are still any other holdout counties at this point, let this be a lesson for them as well. See the reactions on Facebook from Glen Maxey and attorney Jan Soifer for more.

There will be more lawsuits

The lawsuit filed in Hood County to force County Clerk Katie Lang to issue a marriage license to a same sex couple won’t be the last one like it.

RedEquality

“We hope and expect that county clerks across Texas and the country will take a look at what happened [in Hood County] and do the right thing and follow the U.S. Constitution,” said Austin Kaplan, an Austin attorney who represents a Granbury gay couple who obtained a marriage license on Monday after filing a lawsuit against the Hood County Clerk’s office in federal court.

The Granbury couple, Jim Cato and Joe Stapleton, who have been together for 27 years, have said they will move forward with their lawsuit until the county clerk’s office agrees to issue marriage licenses to all couples. Kaplan said they have not heard from Hood County Clerk Katie Lang, and her office would not say whether it is issuing same-sex licenses.

With a population of 53,921 people, Hood County is the most populous county among those still refusing to issue same-sex marriage licenses.

Texas counties’ responses to the Supreme Court’s ruling varied between those that immediately began issuing marriage licenses and those that took a few days to come around. But two weeks after the high court’s ruling, at least six counties are likely refusing to issue same-sex marriage licenses, according to Texans for Marriage.

The other holdout counties as of July 7 were Dallam and Roberts counties in the Panhandle; Irion, Hartley and Loving counties in West Texas; and Hamilton County, located between Austin and Fort Worth.

(Of Texas’ 254 counties, three counties have not been reached and 13 counties are planning to issue marriage licenses after “software changes” or receipt of updated marriage certificates, according to Texans for Marriage.)

On Thursday, a deputy clerk in Roberts County told The Texas Tribune that the clerk’s office would issue licenses if requested by a same-sex couple.

Hartley County Clerk Melissa Mead said her office won’t issue same-sex marriage licenses until the clock runs out on the 25 days that parties in the Supreme Court case have to ask for a rehearing of the case.

A deputy clerk for Loving County said her office was awaiting further direction from the attorney general’s office. A spokeswoman for Texas Attorney General Ken Paxton said the only guidance from the state’s top lawyer was the written opinion issued June 28, which said county clerks with religious objections can opt out of issuing same-sex marriage licenses but they should be prepared to get sued.

Calls to Dallam and Hamilton went unanswered.

See here and here for background on Hood County. Next in line appears to be Irion County, and after that who knows. Actually, what could happen is more lawsuits in the same places as before:

A judge’s ruling in the Hood County case would likely only apply to those parties in that county, said Alexandra Albright, a law professor at the University of Texas at Austin. If the case went to the U.S. 5th Circuit Court of Appeals — which has appellate jurisdiction over federal courts in Texas — then any ruling would apply to the entire circuit, Albright added.

Now that the Hood County gay couple has obtained a marriage license, a federal judge may not immediately rule on the broader issue of whether the Hood County clerk’s delay “caused constitutional damage,” so other same-sex couples would likely have to file their own lawsuits, said Meg Penrose, a law professor at Texas A&M University.

“If this is not a class action, other individuals that are denied marriage licenses will need to sue on their own behalf or wait for a class action to be filed,” Penrose said. “This could become costly for the county [or] clerk as individual lawsuits could mount quickly.”

Kaplan, the attorney for the Hood County gay couple, said Texas lawyers were keeping an eye on “lawless clerks” and would likely take action if clerks continued to believe “there’s some justification for failing to issue the licenses.”

“We’ll see what happens when that comes to head,” he added.

One would think that repeated litigation over the same thing might make a recalcitrant County Clerk less popular. I understand that Katie Lang’s husband Mike is a candidate to succeed Jim Keffer in HD60, so this could quickly become an election issue. As the man said, we’ll see.

Federal lawsuit filed in Hood County

That sound you hear is the rubber meeting the road.

The motion for a temporary injunction and temporary restraining order was filed this morning in Fort Worth federal court on behalf of Soifer’s clients, Jim Cato and Joe Stapleton, who’ve been together for 27 years. The couple has been trying to get a marriage license ever since the Supreme Court made it legal in all 50 states on June 26, only to be told, repeatedly, the clerk’s office isn’t issuing licenses.

Initially Katie Lang, the county clerk, said her office wasn’t issuing licenses because of her religious beliefs; she then clarified her statement to indicate she wouldn’t issue licences, but her staffers would. But on Thursday, the couple says they were told the the same thing The Dallas Morning News was when we called to inquire about the issuing of licenses: It would take several weeks because the clerk’s office didn’t yet have the forms from the state.

According to the lawsuit, on Thursday the couple went to the clerk’s office and “produced a copy of the revised application for marriage license, promulgated by the state and available to county clerks, and asked if they could use it to apply.” But a woman named Virginia in the clerk’s office “told them she could not accept that form. Then Clerk Lang asked everyone to leave the office, stating that no media was allowed. Jim replied that Joe and Jim were not media, but instead taxpayers of Hood County, there to get a marriage license, but the Clerk said they needed to leave as well, which was humiliating. Clerk Lang also apparently called the Sheriff’s Department, because by the time Joe and Jim left her office, approximately half a dozen deputy sheriffs had arrived to stand guard outside and immediately inside the Clerk’s office.”

The suit says the couple “found the entire process to be humiliating and degrading, and have no reason to believe that they would receive a marriage license without having to file a lawsuit to get it.”

See here for the background, and click the link above to see a copy of the lawsuit. This was bound to happen as long as County Clerk Lang refused to obey the law and do her job. The good news is that in spite of all that, Cato and Stapleton got their marriage license.

A Granbury gay couple on Monday obtained a marriage license from the Hood County Clerk’s office after filing a lawsuit against the clerk in federal court.

But attorneys representing Jim Cato and Joe Stapleton, who have been together for 27 years, said the couple will move forward with their lawsuit until the county clerk’s office agrees to issue marriage licenses to all couples.

“Jim Cato and Joe Stapleton are delighted that they finally have been issued a marriage license and can get married in their home county,” the gay couple’s attorneys, Jan Soifer and Austin Kaplan, said in a statement. “It’s a shame that they needed to hire lawyers and file a lawsuit to make that happen.”

The Hood County Clerk’s office would not say whether it is issuing same-sex marriage licenses and referred questions regarding the licenses to County Clerk Katie Lang’s personal attorneys.

Lang’s lawyers at the Liberty Institute, which specializes in religious freedom litigation, said the clerk’s office was unable to issue the license on Thursday “because of software issues” and “lack of guidance” from the county attorney on using existing forms.

“The Clerk’s office was unable to issue a license at close of business on Thursday, even though everyone left with the understanding that one would be immediately available on the next business day,” said Jeremy Dys, senior counsel at the Liberty Institute. “The office was closed Friday. This morning, as of about 8:00 a.m., there is a marriage license waiting for the couple that has, for some reason, sued Hood County.”

Yeah, that’s a mystery to me too, pal. Congrats to Cato and Stapleton, and may the courts deliver a swift and decisive smackdown of Lang, so as to serve as a bucketful of cold water in the face of other derelict public officials and those that would enable them. More coverage from CBS Local and Hood County News, and be sure to see Bud Kennedy as well. Thanks to Somervell County Salon in the comments for the tip.

And the battle moves to Irion County

“Where the heck is Irion County?” I hear you cry. Just the home of the next County Clerk that needs to be schooled on the Constitution, and not her dime store “understanding” of it.

The county clerk in tiny Irion County is standing firm on her decision to not issue marriage licenses to same-sex couples, outlining her opposition in a “declaration of obedience to law and defense of natural marriage.

Molly Criner, clerk in the West Texas county, wrote her response to the U.S. Supreme Court’s recent gay-marriage ruling on Saturday – July 4. In it, she quoted Martin Luther King, Jr., referenced Thomas Jefferson and cited the court’s Dred Scott decision.

“I … shall resist unlawful federal or state court encroachments upon the prerogative of the people of Texas to protect natural marriage, and shall only issue marriage licenses consistent with Texas law, so help me God,” she wrote in her conclusion.

The “declaration” was released on Monday by the Liberty Counsel, an Orlando-based nonprofit firm that focuses on religious issues. The group – which has ties to Liberty University, founded by Jerry Falwell – is providing pro bono counsel to Criner.

“Like Molly, each of us should vow not to be intimidated but, instead, to stand united for our God-given liberties and the rule of law,” Mat Staver, Liberty Counsel’s founder, said in a news release.

[…]

It’s unclear how that situation might play out in Irion County, population 1,573.

I’ll get to that in a minute. I doubt there’s much to be learned from her screed, but it’s reprinted on Glen Maxey’s Facebook wall if you don’t want to get cooties from clicking that Liberty U link. You may note that Glen writes they are looking for some plaintiffs in that post, so you can probably guess how this will likely play out. Hood County, despite all of its County Clerk’s bluster, folded like a cheap suit once the lawsuit was filed. The main complication I see here is that there may literally be no one in Irion County to apply for a marriage license and get rejected; if a couple has to be imported to do this, I don’t know if that changes anything, legally speaking. If it does, then this standoff could last for awhile, but in the end someone will explain to Ms. Criner, using small words, that the Constitution doesn’t mean what she thinks it means. Some lessons just have to be learned the hard way. WOAI has more.

In related news from the ranks of the dangerously ignorant, Texas’ gay-hatingest legislator, Rep. Cecil Bell, did some more stupid things to ensure that his name will go down in the history books for all the wrong reasons. You can read the story for yourself – I’m certain this will be a campaign issue in March, and I fully expect that a barrage of hateful bills will be filed in 2017, but for now it’s a bunch of hot air. Remember what’s being said now and make sure you do everything you can to mitigate against it in 2016.

Lawsuit threatened in Hood County over clerk’s refusal to issue marriage license

I was beginning to think that none of Texas’ 254 County Clerks were going to attempt to martyr themselves in the name of their “religious freedom” to not issue marriage licenses to same-sex couples. I shouldn’t have worried.

Attorneys for a same-sex couple are preparing to sue Hood County Clerk Katie Lang after the couple was unable to obtain a marriage license.

Two Austin attorneys representing Jim Cato and Joe Stapleton, who have been together for 27 years, sent a letter to Lang on Thursday demanding that her office issue the couple a marriage license by the end of the business day or risk being sued in federal court Monday morning.

As of Thursday evening, the couple was unable to obtain a marriage license from the county, so attorney Jan Soifer confirmed that they would move forward with filing suit.

[…]

Citing her religious beliefs, Lang initially said her office would not grant same-sex marriage licenses.

She later backtracked, saying that she would “personally refrain” from issuing licenses but that other members of her staff would grant the licenses once “the appropriate forms have been printed and supplied to my office,” Lang wrote in a statement posted to the county website.

But obtaining those forms — the county clerk’s office told The Dallas Morning News — could take three weeks.

Pointing to revised forms available on the Department of State Health Services’ website, Soifer and attorney Austin Kaplan wrote that Lang had “absolutely no valid reason” to delay issuing marriage licenses.

“Our clients have been waiting for 27 years to marry, they have a constitutional right to obtain a marriage license in Hood County, where they reside, and there is no valid reason for them to have to wait ‘at least another three weeks’,” the attorneys wrote.

“Three weeks” to obtain those forms is the definition of BS. Here’s the latest survey of Texas’ counties, via Glen Maxey on Facebook at 9 PM on July 1:

So our friends at “Texans for Marriage” led by my great friend Nick Hudson give the Rainbow Report tonight:

Here’s where we are at end of day Wednesday:

235 Texas Counties — 93% — are either issuing marriage licenses already or are planning to issue licenses soon
At least 175 Texas Counties — 69% — said they were issuing marriage licenses by today
60 counties — 24% — say they are not currently issuing marriage licenses but plan to soon (this number may be lower IF the clerks in these counties have already started issuing marriage licenses. A full pass has not been made on the counties in this category in 24 hours.)
10 Counties unknown because nobody is answering the telephone

One of those 175 counties in that report was Hood. That was because Hood County Clerk Katie Lang had appeared to concede the fight. She hadn’t.

When last we heard Hood County Clerk Katie Lang wasn’t going to issue marriage licenses to same-sex couples — because, she wrote, of “the religious doctrines to which I adhere” — but her staff would. Turns out, not so much: The clerk’s office now says it will take three weeks to get the proper paperwork. A woman named Virginia in the clerk’s office says only, “We don’t have the forms.”

As a result, two attorneys from Austin are on their way to Granbury at this very moment. They want just one thing: for the clerk’s office to issue a marriage license for their clients, Jim Cato and Joe Stapleton, who have been waiting to marry for 27 years. If they do not get one, says attorney Jan Soifer, she and attorney Austin Kaplan will sue the Hood County Clerk’s office first thing Monday morning.

“After [Lang] changed her tune Tuesday, my clients gave her a day and waited till this morning to get their license,” says Soifer. “They said, ‘No, no, no, it will take three weeks.’ They said, ‘We’re not ready to do it, we don’t have the forms ready.’ We sent them the link to the website with the form they are supposed to use. It’s posted. It’s available to them. We know 205 other counties in Texas have already been issuing them.”

But not Hood County.

Indeed. I suppose Lang could fold again, but I suspect this one is going to go to court. At this point, the professional grievance holders have arrived, and the crowds have been whipped up. That they have no legal led to stand on isn’t going to stop them. Someone is going to need to be smacked down, and the first someone in line for that is Katie Lang. As a wise man once said, hold on to your butts.

One more holdout concedes

Hood County and its outspoken County Clerk bow to the inevitable.

Counties issuing same sex marriage licenses

A Texas county clerk said on Tuesday her office will issue marriage licenses to same-sex couples, reversing a previous decision that was based on religious objections.

Some counties in other socially conservative states such as Kentucky have declined to issue such licenses since the U.S. Supreme Court said on Friday the U.S. Constitution provides same-sex couples the right to marry. The controversy could result in a new round of lawsuits over gay marriage.

Katie Lang, clerk of Hood County, southwest of Fort Worth, said staffers will issue the licenses although she will not do so based on her Christian beliefs, which she believes are protected under the Constitution.

“I am grateful that the First Amendment continues to protect the sincerely held religious beliefs of public servants like me. That has not changed since last Friday,” Lang said.

Hood County will begin processing same-sex marriage applications when it receives the appropriate forms, she said.

Lang had previously drawn attention for her mule-headed defiance, so it’s a particular pleasure to see her cave. As both Somervell County Salon and the Dallas Voice note, she’s not exactly being honest about her earlier actions, but at this point I don’t care. The point is that her office is doing its duty. Everything else is details.

Overall, we’re not quite at half of Texas counties being in compliance, but the vast majority of people live in a county where a same-sex marriage license is now available.

The Austin-based group Equality Texas has been tallying Texas counties that have confirmed they are issuing the newly legal marriage licenses, and the number as of Tuesday afternoon was 115. It’s an inexact count, but it lines up with a tally taken by the Dallas Morning News on Friday.

Project coordinator and Equality Texas legislative specialist Daniel Williams said that doesn’t mean none of the remaining 139 counties are issuing licenses — only that a substantial number are not.

“For the most part, there seems to be confusion about how to do it,” Williams said. “In some cases the counties have data systems that have to interact with the [federal] Bureau of Vital Statistics forms, and they’re having difficulty getting the systems to line up.”

When the Houston Chronicle called around to about a dozen county clerks, many echoed that conundrum. Seven counties were still waiting on software updates, and they relied on a variety of manufacturers, both in and out of state, who they said were working with a severe backlog because of the quantity of requests for updated digital forms.

“Some counties were prepared for this and some were overwhelmed and were taken unaware,” Williams said.

Many depend on software products from Plano-based Tyler Technologies or San Antonio-based Property Info, and are waiting on the companies to issue updates.

Officials in Hill County, north of Waco, said they were waiting on an updated design for their physical marriage license from Wichita Falls-based Bear Graphics. None of the three companies was immediately available for comment Tuesday.

However, even counties waiting on products to issue same-sex marriage licenses said they would be ready as soon as possible. Most estimated they’d be ready within days. Some predicted early next week.

The embedded image is from Williams’ Facebook page. As of last night, with Hood County in the fold, the count was at 117, covering 84% of the state’s population. At this point I’m not aware of any other Lang-level disobedience – it’s all just waiting for the upgrades, which may or may not reflect a certain amount of disorganization or unpreparedness, but at least isn’t willfulness. My guess at this point would be that by this time next week we should be at or pretty close to full compliance. Stay tuned.

More counties issuing same sex marriage licenses

Montgomery County:

RedEquality

Montgomery County Clerk Mark Turnbull said he turned one same-sex couple away on Friday who requested a marriage license, but wound up issuing the license after regular hours on Saturday.

He initially refused because he was waiting for clarification from the state on what form to use, but after the courthouse closed Friday evening, Texas Department of Health Services sent a revised form that removed all gender references and referred to those applying for the license only as “applicant one” and “applicant two,” Turnbull said.

With a new form in hand, he telephoned Pam Kunkle, 55, an insurance manager in Houston and her partner, Connie Moberley, 67, and asked them to return to the Montgomery County courthouse so he could issue the license Saturday.

“We needed some time to make adjustments with the language and make sure it worked on our computer program. We were glad they volunteered to come back and be our first guinea pig to make sure the system worked,” he said, adding none of the clerks in his office had raised any religious objections to issuing licenses to same-sex couples. “We are officers with ministerial duties. We have no discretion. We follow rules listed in our handbook.”

However, he recalled a former employee who objected to issuing liquor licenses on moral grounds and said she later switched to another county job where that did not pose a problem.

That’s Montgomery County, one of the reddest in Texas. The theme of “we do what the law says we are to do” is one you will see again.

Tarrant County:

Tracey Knight didn’t know if the day would ever come when she would be legally married in the state of Texas.

At long last it did come Friday, after a landmark Supreme Court ruling swept away the state’s longtime ban against same-sex marriage.

“We dreamed of this day,” said Knight, a corporal with the Fort Worth Police Department who serves as the LGBT community liaison. “We weren’t sure if it would ever happen. Now we have started planning our wedding.”

Knight and her wife, Shannon, who wed two years ago in California but wanted to exchange vows again in Texas, shared smiles and tears Friday as they were the first same-sex couple in Tarrant County to receive a marriage license.

Several other counties in North Texas were awaiting “guidance” from AG Ken Paxton. Denton County, which had originally refused to issue same sex marriage licenses, has now become compliant with the law of the land.

The Denton County clerk’s office is now issuing same-sex marriage licenses, following Friday operations that turned at least three couples away.

Whitney Hennen and Sara Bollinger was the first same-sex couple in the county this morning to be given a marriage license.

On Sunday, Texas Attorney General Ken Paxton declared religious objections a legitimate excuse for county clerks and their staffs as a means of denying licenses to same-sex couples.

Denton County Clerk Juli Luke said she is opposed to gay and lesbian couples getting married for religious reasons, but maintained her personal beliefs cannot prevent her from issuing same-sex marriage licenses.

“Moreover, my faith in Christ ensures I have compassion and respect for those who feel differently,” she wrote in a statement.

See, Ken Paxton? It’s not hard to do at all. Collin County has joined in as well, though several other counties in the area are not there yet.

Williamson County has fallen in line, too.

Williamson County is now issuing marriage licenses to same-sex couples, as of 8 a.m. Monday. That comes after getting advice from County Attorney Dee Hobbs.

“I would like to acknowledge the gravity of the Supreme Court decision and the passion citizens have on both sides of this issue,” reads a statement by Hobbs, posted outside the Williamson County Clerk’s Office. “I would like to thank those that contacted this office for being respectful int heir questions and also understanding regarding time to review.”

That’s two outlaw counties that have come back to their senses. Smith County makes three, with Gregg thrown in as a bonus.

An East Texas same-sex couple became the first in Smith County to be issued a marriage license on Monday morning.

About 8:30 a.m., a couple showed up seeking a marriage license at the Smith County courthouse. Karen Wilkerson and her fiance Jolie Smith began the process to obtain their marriage license shortly after 8:30 a.m. and were issued the document about 9:20 a.m. The couple was the first to show up at the courthouse office.

The license was issued following a Friday Supreme Court decision legalizing same-sex marriage in all 50 states.

Earlier in the day, the Smith County Vital Statistics Department was temporarily closed for a staff meeting. A sign posted in the courthouse said the department was also testing the system to accommodate new forms.

Smith County Clerk Karen Phillips said the state changed the vital statistic form needed to issue the licenses.

Midland County was a Friday adherent, but neighboring Ector was a holdout. Not any more.

Ector County Clerk Linda Haney will issue marriage licenses to same-sex couples, opting not to take an out offered by Attorney General Ken Paxton for clerks who wish to deny such licenses due to religious beliefs.

“I took an oath to uphold the law and I intend to follow the law,” Haney said, although the marriage licenses could not be issued early Monday morning because the new application was not yet available on the computer system.

Her decision comes after the Friday ruling by the U.S. Supreme Court, which held that marriage is a Constitutional right for same-sex couples.
Sunday, Paxton issued an opinion that clerks could deny licenses based on religious beliefs, just as justices of the peace could decline to perform the weddings based on religious beliefs.

Haney, however, said she will follow the Supreme Court’s ruling and what she believes is the correct thing according to the law.

“An act of civil disobedience on my part would not honor my God and I don’t want to put my county at liability either,” Haney said. “I do have strong religious convictions and anybody that knows me knows what those convictions are. But I did take an oath and I will follow the law.”

Amazing how clear and simple that is, isn’t it? I can’t tell you how happy it makes me to see all these counties, from different parts of the state, ignore Ken Paxton’s advice and do the job they’re supposed to do. And congratulations to Karen Wilkerson and Jolie Smith!

Not all counties needed prodding. Fort Bend County had it right from the beginning.

While the topic has produced a variety of opinions among the American public, the Fort Bend County Clerk’s office has issued a direct statement – current marriage forms won’t be modified, but when new forms arrive for same-sex marriage, they will be honored in accordance with the new law.

Same-sex couples will be allowed to marry, using the current forms, until the updated ones arrive.

Again – easy peasy. So simple even Ken Paxton should be able to understand it. Let’s let Brazoria County explain it to him anyway, just in case.

After an opinion from the District Attorney’s office this afternoon, County Clerk Joyce Hudman said Brazoria County is officially issuing same-sex marriage licenses.

Hudman said her offices have been issuing licenses since 1:30 p.m. and will throughout the day.

District Attorney Jeri Yenne gave the county clerk’s office a one-sentence opinion that issuing same-sex marriage licenses is mandatory based on the Supreme Court’s decision today.

“As a follow-up to your inquiry regarding marriage licenses, please be advised that on today’s date, the Supreme Court of the United States issued an opinion indicating the Fourteenth Amendment requires a state to license a marriage between two people of the same sex,” Yenne’s memo reads.

After getting that memo, Hudman said her offices were instructed to grant the licenses.

One couple already has obtained a marriage license from the Pearland clerk’s office, she said.

A “one-sentence opinion” that explained the facts. Are we going to fast for you, Kenny?

Unfortunately, every state has its slow learners.

“I’m standing up for my religious liberty,” said Hood County Clerk Katie Lang, who said her office would not give out same-sex marriage licenses on religious grounds. “I do believe that marriage is for one man and one woman because it did derive from the Bible.”

After the decision Friday, some county officials said they would wait to hear from state Attorney General Ken Paxton, who issued a written opinion Sunday saying clerks with religious objections to same-sex marriages can refuse to issue those licenses. But if they do so, he wrote, they might face fine or lawsuits.

Paxton said pro bono lawyers would be ready to defend those who refuse, noting “the reach of the Court’s opinion stops at the door of the First Amendment and our laws protecting religious liberty.” Lang said after reading Paxton’s opinion, she chose to face possible legal action.

“I could get fined and I could get sued,” she said, “but you could get sued for anything.”

You can also be held in contempt of court if it comes down to it. And remember, for this you could be sued personally, not just named as a defendant in an action against the county or your office. But hey, every cause needs a martyr, and I’m sure that future Fox News gig will be sweet.

That’s about all the counties I have the energy to look up today. Other resources: The DMN has an interactive map that’s at least somewhat inaccurate since they have no report on Fort Bend’s status. The Current has contacted a bunch of Hill Country counties and reports that all except possibly Kerr are now in compliance. Glen Maxey has been keeping tabs on Facebook – see here for his running count, and be sure to see the comments for updates. If you don’t see your favorite county listed somewhere, you may just have to call the Clerk’s office there yourself. Overall, though, the picture is pretty good and it appears to be improving. All the national headlines have been about Paxton and his get-out-of-following-the-law opinion for County Clerks, but at this point very few clerks, almost none in larger counties, have heeded him. Unlike Greg Abbott, they understand how the law works and they respect it. Paxton’s words – and Dan Patrick’s, and Greg Abbott’s, and Ted Cruz’s – will make Texas look bad to the rest of the country, but at least we still have enough sensible local officials to maybe mitigate that a bit.

In closing, here’s a non-legal opinion regarding a better way for county clerks with religious objections to handle this:

Religious freedom is so central to our nation that no public official should be required to do anything that violates the religious principles that direct his or her life.

And there is clear and proper recourse here for any public official who, as a result of this landmark change in the law, finds himself or herself uncomfortable with or unable to perform the revised duties of office.

They should quit.

Amen. Thankfully, very few of them have decided that they cannot do their jobs. Let’s hope the remainders follow their lead and not Paxton’s. Trail Blazers and BOR have more.