I’m not sure why anyone would think this could work after the U.S. proved state employees could not unilaterally refuse to implement Federal court orders by deploying the U.S. Army 101st Airborne Division paratroopers to Arkansas to enforce school desegregation, but one very petulant Texas legislator aims to block state implementation of same-sex marriage if the Federal courts (including the Supreme Court) order licenses to be issued and/or recognized from other states. KVUE Austin:
Dubbed the “Preservation of Sovereignty and Marriage Act,” House Bill 623 says state and local government employees “may not recognize, grant, or enforce a same-sex marriage license.” If they do, “the employee may not continue to receive a salary, pension, or other employee benefit at the expense of the taxpayers of this State.”
The bill’s author, State Rep. Cecil Bell (R-Magnolia), says the Texas Legislature doesn’t work for the federal courts — which have no business striking down laws passed by Texas voters.
“Because we’ve seen activist federal courts, it’s important that we as Texans take steps to make certain that we’re able to protect traditional marriage and traditional values,” Bell told KVUE Friday. “One of the ways that we can do that is through the power of the purse.”
The result could be a potential quandary for government workers: Follow a court order or keep earning salary. Asked whether the bill would put government employees in a position of having to choose between being subjected to a federal lawsuit or losing their pension, Bell suggested employees would continue earning as long as they’re following state laws.
“I don’t see it as losing their pension except during the period of time which they are outside the [state] laws,” said Bell.
The full text of the bill also threatens the same consequences to any state employee or official who tries to violate or interfere with this new provision, meaning that all state officials — including the governor and attorney general — might face consequences (from whom is less clear) for giving an order allowing clerks to ignore this section as de facto unconstitutional and proceed with following Federal court orders to issue or recognize same-sex marriages.
I hope this bill doesn’t have a chance of passing, but if it does, it will put a lot of people in a very precarious position, financially or legally. It is also blatantly unconstitutional.
“I don’t see it as a threat at all,” countered Bell, who maintains his target is activist courts — and he has his colleagues’ support. “I think it is the ability of the state legislature to try to make certain that we affirm the sovereign right and sovereign nature of the state.”
It’s just another attempt to institute backdoor secession from Federal authority.