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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThis Is What Happens To Court Clerks Who Refuse To Issue Same Sex Marriage Licenses
BY ZACK FORD POSTED ON JULY 7, 2015 AT 9:49 AM
In Texas, Hood County Clerk Katie Lang had refused to issue marriage licenses to same-sex couples for well over a week after the Supreme Courts ruling in Obergefell v. Hodges. The conservative group Texas Values rallied in her defense and even the Family Research Council propped up her discriminatory cause. On Monday, however, Lang folded, and she may now have to pay the price for waiting.
Since June 29, the Monday after the ruling, Jim Cato and Joe Stapleton, who have been together for 27 years, have been trying to obtain the marriage license theyve waited so long for. When rejecting them, Lang claimed that her staffers would issue the license instead, but Cato and Stapleton were then told they couldnt be helped because the clerks office did not have the new gender-neutral forms, which would supposedly take three or more weeks to arrive.
Last Thursday, they brought their own copy of the states new form, and still they were refused a license. When they insisted, Lang told everyone to leave the office and called the Sheriffs Department, who stood guard but did not force anyone out. Cato and Stapleton had been in touch with their lawyer, who arrived at Langs office to deliver a letter warning of a suit if a license wasnt issued. A staffer began to process their application, but then asked, Which of you will be the husband? When they insisted upon the new form, which lists applicant 1? and applicant 2? instead of husband and wife, the staffer then refused to accept their payment of the $83 fee. Lang reappeared and confirmed that they would still have to wait several weeks to get their license anyway because she had to wait for revised certificate forms, even though a different-sex couple could have filed the form and left with a license the same day.
Monday morning, Cato and Stapleton filed a federal lawsuit, which describes their experiences being rejected as humiliating and degrading. Less than two hours after the suit was filed, Langs office issued the couple a marriage license. But as their attorney, Jan Soifer, explained shortly thereafter, the suit would proceed. Its a shame that they needed to hire lawyers and file a lawsuit to make that happen, Soifer said. Because the issuing of the license proved the office could have done the same ten days prior, the lawsuit will not be dismissed until and unless we have an agreement from Clerk Lang that her office will issue marriage licenses to all couples, gay and straight, without delay, and an agreement to pay Jim and Joes attorneys fees for being forced to file the lawsuit. Under federal law, if Cato and Stapleton are deemed the prevailing party in their suit, Lang or state may indeed be responsible for paying those attorneys fees.
http://thinkprogress.org/lgbt/2015/07/07/3677515/texas-clerk-marriage-lawsuit/?
Jamastiene
(38,187 posts)She shouldn't be allowed to keep the job if she refuses to do the job.
iemitsu
(3,888 posts)awoke_in_2003
(34,582 posts)I had skimmed over the first name.
iemitsu
(3,888 posts)I was agreeing that she should not be able to keep her job if she is unwilling to do the required work, not that her name is somehow ironic.
joeybee12
(56,177 posts)hobbit709
(41,694 posts)SidDithers
(44,228 posts)hamsterjill
(15,224 posts)The Supreme Court ruled. End of story. If this county clerk cannot perform the required duties of her office, then she needs to quit and find another job.
Part of her job includes having the appropriate forms on hand, too. She's obviously not doing that part right at a minimum. Her stalling tactics are now going to wind up costing the rest of us precious taxpayer dollars in legal fees defending this lawsuit, or more probably settling it.
Zorra
(27,670 posts)Hate driven religious homophobes from all around the US will donate money to cover all her legal/other costs.