GOP Lawmaker Pushes Bill To Defund Same-Sex Marriage

A Texas Republican lawmaker’s bill literally defunds same-sex marriage – and punishes state employees who follow the law.

State legislatures are often called the laboratories of democracy. Some experiments, like Massachusetts’ health care system that provided a template for Obamacare, are good ideas and become successful. Others are not.

Take, for instance, “An Act relating to the funding, issuing, and litigation of certain marriage licenses,” also known as HB 623, the Preservation of Sovereignty and Marriage Act, filed by Republican state representative of Texas, Cecil Bell.

“Texas is a sovereign state and our citizens have the right to define marriage,” Rep. Bell said in a statement. “We as Texans voted in 2005 to define marriage as being solely between a man and a woman. In Texas marriage is sacred and traditional families are recognized as the fabric of our society.”

By some count, Texas has the 11th-highest divorce rate in the nation.

Rep. Bell’s bill, if passed by its majority-Republican legislature and signed into law by its anti-gay Republican governor, is literally designed to defund same-sex marriage in the Lone Star State.

“Taxes or public funds may not be utilized to enforce a court order requiring the issuance or recognition of a same-sex marriage license,” one section reads. 

It also mandates that “State or local taxpayer funds or governmental salaries may not be used for an activity that includes the licensing or support of same-sex marriage.”

On top of defunding “certain” marriages, the bill would penalize state employees – clerks – who follow the law regarding same-sex marriage. Texas currently is defending its ban on same-sex couples marrying, but given the current trend, it’s hard to imagine that ban will last forever. When it falls and same-sex marriage is legal in Texas, clerks who issue marriage licenses, as the law would require, would “not continue to receive a salary, pension, or other employee benefit at the expense of the taxpayers of this State.”

The bill point-blank states a “state or local governmental employee officially may not recognize, grant, or enforce a same-sex marriage license,” despite what the U.S. Constitution might suggest, if, for instance, the Supreme Court were to rule on same-sex marriage.

Unfortunately for Rep. Bell and his limited understanding of the Constitution, he foresaw that likely outcome, and included a  provision to address it.

“The State is not subject to suit in law or equity pursuant to the eleventh amendment of the United States Constitution for complying with the provisions of this section, regardless of a contrary federal court ruling.”

That might appeal to the Tea Party base, but any court of law worth its salt would, after laughing hysterically, deem it unconstitutional and strike it down. 

“When I was elected, I made a promise to my constituents to fight to protect our traditional values and to stand strong in the defense of our constitutional rights as Texans and Americans,” Bell says. Just not all Texans and Americans.

 

Image via Cecil Bell
Hat tip: Holy Bullies and Headless Monsters