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PostNouveau
Sep 3, 2011

VY till I die
Grimey Drawer
Abbott appointed a homeschooler to lead the Board of Education.

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TheMaskedChemist
Mar 30, 2010

PostNouveau posted:

Wichita County also said they'd issue licenses starting Monday. (It's yellow on the map.)

Seriously?! Wichita, as in the heart of Texas' Congressional 13th? I'm shocked, considering it's filled with nothing but old Baptists.

Toph Bei Fong
Feb 29, 2008



TheMaskedChemist posted:

Seriously?! Wichita, as in the heart of Texas' Congressional 13th? I'm shocked, considering it's filled with nothing but old Baptists.

Anything that makes those lizards at First Baptist curdle and spit is a good thing.

Then again, with the air force base, it'd be one of the easier places for federal pressure to be exerted if the clerks got shirty.

Randandal
Feb 26, 2009

Lamar County is in blue and Denton County is in red?

Dafuq

smoobles
Sep 4, 2014

http://gov.texas.gov/news/press-release/21131

What is Greg Abbott actually doing here? This seems completely illegal if I'm understanding it right.

Also does he really not understand that the Supreme Court is allowed to determine the constitutionality of laws? Didn't they do this with the Hobby Lobby case, except that time it was swell because Republicans agreed with it?

Nonsense
Jan 26, 2007

There's so many military bases, and he's so loving off base with reality, of course the fool thinks nullification is a worthy pursuit. You're not even the goddamn president.

computer parts
Nov 18, 2010

PLEASE CLAP

Apparently he's also requiring special ed classes to be videotaped? I have some friends who are special ed teachers and they're really mad about it.

Hot Dog Day #91
Jun 19, 2003

computer parts posted:

Apparently he's also requiring special ed classes to be videotaped? I have some friends who are special ed teachers and they're really mad about it.

Well, the legislature passed a bill requiring it and he didn't veto it.

TheMaskedChemist
Mar 30, 2010

smoobles posted:

http://gov.texas.gov/news/press-release/21131

What is Greg Abbott actually doing here? This seems completely illegal if I'm understanding it right.

Also does he really not understand that the Supreme Court is allowed to determine the constitutionality of laws? Didn't they do this with the Hobby Lobby case, except that time it was swell because Republicans agreed with it?

Technically it's fine, no one should be forced to marry gays against their will, just like no one should have to marry opposite sex couples against their will, but seeing as how there are plenty of churches that would be happy to marry same-sex couples and JOP marriages are just as legal as religious marriages, it's a solution with out a problem. In short, Abbot's the same idiot he's always been.

Trabisnikof
Dec 24, 2005

TheMaskedChemist posted:

Technically it's fine, no one should be forced to marry gays against their will, just like no one should have to marry opposite sex couples against their will, but seeing as how there are plenty of churches that would be happy to marry same-sex couples and JOP marriages are just as legal as religious marriages, it's a solution with out a problem. In short, Abbot's the same idiot he's always been.

I believe the "religious freedom" we are protecting is not of pastors, but of county clerks, who can refused to give gay people a marriage license if it scares them.

Which is as about as legal as them refusing to give an interracial couple a marriage license because it violates their religion.

TheMaskedChemist
Mar 30, 2010

Trabisnikof posted:

I believe the "religious freedom" we are protecting is not of pastors, but of county clerks, who can refused to give gay people a marriage license if it scares them.

Which is as about as legal as them refusing to give an interracial couple a marriage license because it violates their religion.

And yet, if someone had a deeply held religious belief against mechanical assistance, I feel Abbot would likely be upset if they dumped his rear end out of his wheelchair.

tsa
Feb 3, 2014

Trabisnikof posted:

I believe the "religious freedom" we are protecting is not of pastors, but of county clerks, who can refused to give gay people a marriage license if it scares them.

Which is as about as legal as them refusing to give an interracial couple a marriage license because it violates their religion.

Isn't it still legal for pharmacists to refuse to dispense birth control medication for religious reasons or had that been changed? Because is pretty analogous to that.

TheMaskedChemist
Mar 30, 2010
Is it legal for Jehovah's Witnesses to break into the hospital and destroy the donor blood supply?

TheMaskedChemist fucked around with this message at 21:34 on Jun 28, 2015

Spiritus Nox
Sep 2, 2011

EPICAC posted:

Yeah, this really surprised me as someone who grew up in Waco. Though perhaps things have changed quite a bit in the 12 years I've lived outside of Texas, most of the comments on the Waco-Trib's facebook page were supportive, and those that weren't were getting called out.

Yeah. I'm finishing up my 4 years here at Baylor, and I wouldn't have pegged McClennan County to go blue on this one. Nice surprise. Although, while I can't really speak for the county at large, I've met a whole lot more progressive folks at Baylor than you might expect of the world's largest Baptist university, and I'm talking both students and faculty. Place'll never be confused for some bastion of leftist academia, but still.

tsa
Feb 3, 2014

TheMaskedChemist posted:

Is it legal for Jehovah's Witnesses to break into the hospital and destroy the donor blood supply?

No, it is not.

TheMaskedChemist
Mar 30, 2010

tsa posted:

No, it is not.

Of course it's not, because forcing others to conform to your religious beliefs is wrong. I wasn't honestly asking. I was being sarcastic.

Trabisnikof
Dec 24, 2005

tsa posted:

Isn't it still legal for pharmacists to refuse to dispense birth control medication for religious reasons or had that been changed? Because is pretty analogous to that.

There's a vast difference between the county clerk and the pharm tech at walgreens that make them not analogous at all.

tsa
Feb 3, 2014
To answer my own question, pharmacists can still refuse to in many states. While I think that is stupid, it did provide precedent for similar laws re gay marriage.

tsa
Feb 3, 2014

Trabisnikof posted:

There's a vast difference between the county clerk and the pharm tech at walgreens that make them not analogous at all.

Yea the pharmacy thing is a lot worse good point.

Trabisnikof
Dec 24, 2005

tsa posted:

To answer my own question, pharmacists can still refuse to in many states. While I think that is stupid, it did provide precedent for similar laws re gay marriage.

Except pharmacists aren't acting on behalf of the state. That's a huge difference.

tsa posted:

Yea the pharmacy thing is a lot worse good point.

At least there are multiple pharmacies in most counties.

tsa
Feb 3, 2014
I mean if you can't see the similarities you are being incredibly disingenuous, and it's stupid to do that. We should change both laws, but doing be an idiot!

Trabisnikof
Dec 24, 2005

tsa posted:

I mean if you can't see the similarities you are being incredibly disingenuous, and it's stupid to do that. We should change both laws, but doing be an idiot!

Sure we should change any such laws, but you're just mistaken about the law if you think that actors on behalf of the state aren't restricted in their actions because they are acting on behalf of the state.



There's only one county clerk in town, in case you weren't aware.

RACHET
Dec 29, 2014

by exmarx

TheMaskedChemist posted:

Technically it's fine, no one should be forced to marry gays against their will, just like no one should have to marry opposite sex couples against their will, but seeing as how there are plenty of churches that would be happy to marry same-sex couples and JOP marriages are just as legal as religious marriages, it's a solution with out a problem. In short, Abbot's the same idiot he's always been.

He's so loving stupid he can't even walk.

TheMaskedChemist
Mar 30, 2010

RACHET posted:

He's so loving stupid he can't even walk.

Spinal injuries aren't generally connected to mental health.

RACHET
Dec 29, 2014

by exmarx

TheMaskedChemist posted:

Spinal injuries aren't generally connected to mental health.

Yeah, he's so stupid he can't get out of the way of a falling tree. Then he couldn't take personal responsibility for his stupidity and sued a small business.

AVeryLargeRadish
Aug 19, 2011

I LITERALLY DON'T KNOW HOW TO NOT BE A WEIRD SEXUAL CREEP ABOUT PREPUBESCENT ANIME GIRLS, READ ALL ABOUT IT HERE!!!

Trabisnikof posted:

Except pharmacists aren't acting on behalf of the state. That's a huge difference.

They don't need licensing from the state to be a pharmacist? I mean, if the state licenses me to do something and does not revoke my license when I discriminate against customers or try to enforce my religion on customers the state is de facto approving of my discrimination or of the enforcement of my religion on other citizens.

Trabisnikof
Dec 24, 2005

AVeryLargeRadish posted:

They don't need licensing from the state to be a pharmacist? I mean, if the state licenses me to do something and does not revoke my license when I discriminate against customers or try to enforce my religion on customers the state is de facto approving of my discrimination or of the enforcement of my religion on other citizens.

That's not as clear as when someone is acting as a state official.


I don't think that just because Texas licenses tattoo artists that the state automatically approves of all the speech decisions of all tattoo artists, for example.

Hot Dog Day #91
Jun 19, 2003

Paxton issued a formal AG opinion saying clerks can refuse to honor SSM on the basis of their sincerely held religious beliefs. This is going to be nasty.

Sheng-Ji Yang
Mar 5, 2014


Hot Dog Day #91 posted:

Paxton issued a formal AG opinion saying clerks can refuse to honor SSM on the basis of their sincerely held religious beliefs. This is going to be nasty.

also lol:

quote:

Paxton noted that clerks who refuse to issue licenses can expect to be sued, but added that “numerous lawyers stand ready to assist clerks defending their religious beliefs,” in many cases without charge.

Horseshoe theory
Mar 7, 2005

Sheng-ji Yang posted:

in many cases without charge.

He's too gutless to even give pro bono legal services in all cases.

Trabisnikof
Dec 24, 2005

ThirdPartyView posted:

He's too gutless to even give pro bono legal services in all cases.

More importantly, the state won't be defending them either. He knows what's up.

Twinty Zuleps
May 10, 2008

by R. Guyovich
Lipstick Apathy
Obama has made his decision. Now let him enforce it. :getin:

TheMaskedChemist
Mar 30, 2010

Hot Dog Day #91 posted:

Paxton issued a formal AG opinion saying clerks can refuse to honor SSM on the basis of their sincerely held religious beliefs. This is going to be nasty.

How is Paxton expecting this to work? Since the clerk is acting on behalf of the state of Texas, the case would be tried in a federal court. A federal judge, will just go "Yep, a clear case of criminal discrimination," and then what? Texas fines itself into poverty?

Spiritus Nox
Sep 2, 2011

There's something deliciously stupid about the Attorney General of a state declaring that his lawyers are at the ready to fight legal battles that they are now literally incapable of winning.

Trabisnikof
Dec 24, 2005

Spiritus Nox posted:

There's something deliciously stupid about the Attorney General of a state declaring that his lawyers are at the ready to fight legal battles that they are now literally incapable of winning.

Didn't you notice, the AG in no way suggested the State of Texas would defend these brave citizens, just that some lawyers would probably.

radical meme
Apr 17, 2009

by Fluffdaddy
Any half rear end attorney is naming AG Paxton and TX as a party so screw you, you gutless fool. Texas still has to pay the bill for the suit.

Trabisnikof
Dec 24, 2005

radical meme posted:

Any half rear end attorney is naming AG Paxton and TX as a party so screw you, you gutless fool. Texas still has to pay the bill for the suit.

Why exactly? Paxton's opinion clearly states that individuals who fail to issue SSM licenses could face fines and lawsuits.

Sure they might name them, but that doesn't mean the state will end up paying the bill for everything.

radical meme
Apr 17, 2009

by Fluffdaddy
Violating the law is Per Se Negligence. gently caress Paxton, file a grievance and have his law liscence revoked for malpractice.

And yes Texas will be on the hook for all costs.

Trabisnikof
Dec 24, 2005

radical meme posted:

Violating the law is Per Se Negligence. gently caress Paxton, file a grievance and have his law liscence revoked for malpractice.

I mean, you can make all the claims you want, but his reading of the law isn't a violation of the law:

quote:

A county clerk has a statutory right to delegate a duty to a deputy clerk, including the issuance of same-sex matTiage licenses that would violate the county clerk's sincerely held religious beliefs. Regarding deputy clerks and other employees, state and federal employment laws allow them to seek reasonable accommodation for a religious objection to issuing same-sex marriage licenses. And under the Religious Freedom Restoration Acts, deputy clerks and other employees may have a claim that forcing the employee to issue same-sex marriage licenses over their religious objections is not the government's least restrictive means of ensuring a marriage license is issued, particularly when available alternatives would not impose an undue burden on the individuals seeking a license. See Slater v. Douglas Cnty., 743 F. Supp. 2d 1188, 1192-95 (D. Or. 2010) (refusing to grant summary judgment to a county that only offered to reassign an employee of a county clerk who refused on religious grounds to issue same-sex domestic partnership registrations rather than accommodating her request to not issue the registrations). Importantly, the strength of any claim under employment laws or the Religious Freedom Restoration Acts depends on the particular facts o f each case.

Courts have balanced similar competing rights in other contexts, and I believe they would likely do so here.7 See, e.g., Stormans Inc. v. Selecky, 844 F. Supp. 2d 1172, 1188-93 (W.D. Wash. 2012) (holding that a state law mandating the issuance of drugs violated pharmacists' religious beliefs, and that refusing to issue the drugs and referring to another pharmacist was a sufficient practice); Brady v. Dean, 790 A.2d 428, 435 (Vt. 2001) (holding that a town clerk appointing an assistant clerk to issue same-sex marriage licenses did not impose a substantial burden on the town clerk's religious beliefs).

Factual situations may arise in which the county clerk seeks to delegate the issuance of same-sex marriage licenses due to a religious objection, but every employee also has a religious objection to participating in same-sex-marriage licensure. In that scenario, were a clerk to issue traditional marriage licenses while refusing to issue same-sex marriage licenses, it is conceivable that an applicant for a same-sex marriage license may claim a violation of the constitution.

I f instead, a county clerk chooses to issue no marriage licenses at all, it raises at least two questions. First, a clerk opting to issue no licenses at all may find himself or herself in tension with the requirement under state law that a clerk "shall" issue marriage licenses to conforming applications. TEX. FAM. CODE ANN.§ 2.008(a) (West 2006). A court must balance this statutory duty against the clerk's constitutional rights as well as statutory rights under the Religious Freedom Restoration Acts. Second, a court must also weigh the constitutional right ofthe applicant to obtain a same-sex marriage license. Such a factually specific inquiry is beyond the scope of what this opinion can answer.

In short, county clerks and their employees retain religious freedoms that may provide for certain accommodations of their religious objections to issuing same-sex marriage licenses--or issuing licenses at all, but the strength of any particular accommodation claim depends upon the facts.

Its really a rather smart political move. Everyone thinks he's "standing up to SCOTUS" when really, he's not doing that at all.

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radical meme
Apr 17, 2009

by Fluffdaddy
Ok you defend the State of Texas and I'll represent the Plaintiffs and we'll see who gets hosed.

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