Texas AG: State workers can deny licenses to gay couples

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LUBBOCK, Texas (AP) — Texas' conservative Republican Attorney General Ken Paxton called the Supreme Court decision giving same-sex couples the right to marry a "lawless ruling" and said state workers can cite their religious objections in denying marriage licenses.

He warned in a statement Sunday that any clerk, justice of the peace or other administrator who declines to issue a license to a same-sex couple could face litigation or a fine.

But in the nonbinding legal opinion requested by Republican Lt. Gov. Dan Patrick, Paxton says "numerous lawyers" stand ready to defend, free of charge, any public official refusing to grant one.

In its 5-4 opinion Friday, the Supreme Court did nothing to eliminate rights of religious liberty, Paxton's opinion states.

"This newly minted federal constitutional right to same-sex marriage can and should peaceably coexist with longstanding constitutional and statutory rights, including the rights to free exercise of religion and freedom of speech," the AG wrote.

While many Republicans have said they disagreed with the Supreme Court ruling, officials in most states have said that they will abide by it. Paxton's comments echoed those Friday of Gov. Greg Abbott, who said Texans can't be forced by the court ruling to act contrary to their religious beliefs.

"Despite the Supreme Court's rulings, Texans' fundamental right to religious liberty remains protected," Abbott said Friday.

SEE: Photos from outside the Supreme Court once the ruling on marriage was announced

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Texas AG: State workers can deny licenses to gay couples
People celebrate during a rally outside the Stonewall Tavern in the West Village in New York on June 26, 2015, after the US Supreme Court's historic decision on same sex marriage. The US Supreme Court ruled on June 26, that gay marriage is a nationwide right, a landmark decision in one of the most keenly awaited announcements in decades and sparking scenes of jubilation. The nation's highest court, in a narrow 5-4 decision, said the US Constitution requires all states to carry out and recognize marriage between people of the same sex. AFP PHOTO/JEWEL SAMAD (Photo credit should read JEWEL SAMAD/AFP/Getty Images)
A couple kiss to celebrate the US Supreme Court's historic decision on same sex marriage during a rally outside the Stonewall Tavern in the West Village in New York on June 26, 2015, after the US Supreme Court's historic decision on same sex marriage. The US Supreme Court ruled on June 26, that gay marriage is a nationwide right, a landmark decision in one of the most keenly awaited announcements in decades and sparking scenes of jubilation. The nation's highest court, in a narrow 5-4 decision, said the US Constitution requires all states to carry out and recognize marriage between people of the same sex. AFP PHOTO/JEWEL SAMAD (Photo credit should read JEWEL SAMAD/AFP/Getty Images)
People celebrates during a rally outside the Stonewall Tavern in the West Village in New York on June 26, 2015, after the US Supreme Court's historic decision on same sex marriage. The US Supreme Court ruled on June 26, that gay marriage is a nationwide right, a landmark decision in one of the most keenly awaited announcements in decades and sparking scenes of jubilation. The nation's highest court, in a narrow 5-4 decision, said the US Constitution requires all states to carry out and recognize marriage between people of the same sex. AFP PHOTO/JEWEL SAMAD (Photo credit should read JEWEL SAMAD/AFP/Getty Images)
People celebrate outside the Supreme Court in Washington, DC on June 26, 2015 after its historic decision on gay marriage. The US Supreme Court ruled Friday that gay marriage is a nationwide right, a landmark decision in one of the most keenly awaited announcements in decades and sparking scenes of jubilation. The nation's highest court, in a narrow 5-4 decision, said the US Constitution requires all states to carry out and recognize marriage between people of the same sex. AFP PHOTO/ MLADEN ANTONOV (Photo credit should read MLADEN ANTONOV/AFP/Getty Images)
Two women celebrate outside the Supreme Court in Washington DC on June 26, 2015 after its historic decision on gay marriage. The US Supreme Court ruled Friday that gay marriage is a nationwide right, a landmark decision in one of the most keenly awaited announcements in decades and sparking scenes of jubilation. The nation's highest court, in a narrow 5-4 decision, said the US Constitution requires all states to carry out and recognize marriage between people of the same sex. AFP PHOTO/ MLADEN ANTONOV (Photo credit should read MLADEN ANTONOV/AFP/Getty Images)
Same-sex marriage supporters rejoice after the U.S Supreme Court hands down a ruling regarding same-sex marriage June 26, 2015 outside the Supreme Court in Washington, DC. The high court ruled that same-sex couples have the right to marry in all 50 states. (Photo by Alex Wong/Getty Images)
People celebrate outside the Supreme Court in Washington, DC on June 26, 2015 after its historic decision on gay marriage. The US Supreme Court ruled Friday that gay marriage is a nationwide right, a landmark decision in one of the most keenly awaited announcements in decades and sparking scenes of jubilation. The nation's highest court, in a narrow 5-4 decision, said the US Constitution requires all states to carry out and recognize marriage between people of the same sex. AFP PHOTO/ MLADEN ANTONOV (Photo credit should read MLADEN ANTONOV/AFP/Getty Images)
People run under a giant equality flag as they celebrate outside the Supreme Court in Washington, DC on June 26, 2015 after its historic decision on gay marriage. The US Supreme Court ruled Friday that gay marriage is a nationwide right, a landmark decision in one of the most keenly awaited announcements in decades and sparking scenes of jubilation. The nation's highest court, in a narrow 5-4 decision, said the US Constitution requires all states to carry out and recognize marriage between people of the same sex. AFP PHOTO/ MLADEN ANTONOV (Photo credit should read MLADEN ANTONOV/AFP/Getty Images)
UNITED STATES - JUNE 26: Same-sex marriage supporters from the Human Rights Campaign celebrate after the U.S. Supreme Court legalized same-sex marriages nationwide on Friday, June 26, 2015. (Photo By Bill Clark/CQ Roll Call)
People shout slogans as they celebrate outside the Supreme Court in Washington, DC on June 26, 2015 after its historic decision on gay marriage. The US Supreme Court ruled Friday that gay marriage is a nationwide right, a landmark decision in one of the most keenly awaited announcements in decades and sparking scenes of jubilation. The nation's highest court, in a narrow 5-4 decision, said the US Constitution requires all states to carry out and recognize marriage between people of the same sex. AFP PHOTO/ MLADEN ANTONOV (Photo credit should read MLADEN ANTONOV/AFP/Getty Images)
WASHINGTON, DC - JUNE 26: Same-sex marriage supporters rejoice after the U.S Supreme Court hands down a ruling regarding same-sex marriage June 26, 2015 outside the Supreme Court in Washington, DC. The high court ruled that same-sex couples have the right to marry in all 50 states. (Photo by Alex Wong/Getty Images)
WASHINGTON, DC - JUNE 26: Activists hold signs regarding same-sex marriage outside the U.S. Supreme Court June 26, 2015 in Washington, DC. The high court ruled that same-sex couples have the right to marry in all 50 states. (Photo by Alex Wong/Getty Images)
Same-sex marriage supporters rejoice after the U.S Supreme Court hands down a ruling regarding same-sex marriage June 26, 2015 outside the Supreme Court in Washington, DC. The high court ruled that same-sex couples have the right to marry in all 50 states. (Photo by Alex Wong/Getty Images)
Same-sex marriage supporters rejoice after the U.S Supreme Court hands down a ruling regarding same-sex marriage June 26, 2015 outside the Supreme Court in Washington, DC. The high court ruled that same-sex couples have the right to marry in all 50 states. (Photo by Alex Wong/Getty Images)
Same-sex marriage supporters rejoice after the U.S Supreme Court hands down a ruling regarding same-sex marriage June 26, 2015 outside the Supreme Court in Washington, DC. The high court ruled that same-sex couples have the right to marry in all 50 states. (Photo by Alex Wong/Getty Images)
People shout slogans as they celebrate outside the Supreme Court in Washington, DC on June 26, 2015 after its historic decision on gay marriage. The US Supreme Court ruled Friday that gay marriage is a nationwide right, a landmark decision in one of the most keenly awaited announcements in decades and sparking scenes of jubilation. The nation's highest court, in a narrow 5-4 decision, said the US Constitution requires all states to carry out and recognize marriage between people of the same sex. AFP PHOTO/ MLADEN ANTONOV (Photo credit should read MLADEN ANTONOV/AFP/Getty Images)
Same-sex marriage supporters hold rainbow flags outside the U.S. Supreme Court June 26, 2015 in Washington, DC. The high court ruled that same-sex couples have the right to marry in all 50 states. (Photo by Alex Wong/Getty Images)
People wave a giant equality flag in celebration outside the Supreme Court in Washington, DC on June 26, 2015 after its historic decision on gay marriage. The US Supreme Court ruled Friday that gay marriage is a nationwide right, a landmark decision in one of the most keenly awaited announcements in decades and sparking scenes of jubilation. The nation's highest court, in a narrow 5-4 decision, said the US Constitution requires all states to carry out and recognize marriage between people of the same sex. AFP PHOTO/ MLADEN ANTONOV (Photo credit should read MLADEN ANTONOV/AFP/Getty Images)
A man holds a rainbow flag in support of same-sex marriage outside the U.S. Supreme Court June 26, 2015 in Washington, DC. The high court ruled that same-sex couples have the right to marry in all 50 states. (Photo by Alex Wong/Getty Images)
The U.S. Supreme Court ruled that gay couples nationwide have the right to marry in a 5-4 decision. How incredible it is to be here as they announced it!
It is now clear that the challenged laws burden the liberty of same-sex couples, and it must be further acknowledged that they abridge central precepts of equality . . . Especially against a long history of disapproval of their relationships, this denial to same-sex couples of the right to marry works a grave and continuing harm. #fbf #equality #lovemustwin #freedomtomarry
People are FREAKING OUT at the Stonewall Inn! Tears, hugs, laughter. http://t.co/bC1RUfEDzk
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In his two-page memo, Abbott ordered agency leaders that no one in their ranks could take "adverse action" against someone acting on their religious beliefs, including "granting or denying benefits." That led to early confusion and questions over whether state agencies might deny health or retirement benefits to the spouses of gay employees.

Abbott spokesman John Wittman later issued a clarifying statement Friday, saying the directive doesn't order the denial of benefits to same-sex couples. He said it only "ensures that individuals doing business with the state cannot be discriminated against because of their religious beliefs."

Paxton in his statement Sunday says the justices "weakened the rule of law" and "fabricated a new constitutional right."

Texas was not part of the case before the Supreme Court. A federal judge in 2013 ruled that the state's ban on gay marriage was unconstitutional but declined to enforce the ruling while it was on appeal. Since Friday's ruling, a federal district court in Texas has prohibited Texas from enforcing state laws that define marriage as exclusively a union between one man and one woman.

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