For our state’s top legal counsel, Ken Paxton sure seems to have some issues interpreting legal actions.
After an yesterday’s historic event which saw the first ever same-sex marriage in the state of Texas, it comes as no surprise that the Attorney General decided to move swiftly to prevent others from occurring, as that was to be expected. But what Texans didn’t necessarily count on? That the Attorney General would need to stretch the truth in order to even do that.
Here’s an official statement from the AG’s website regarding the events…
“The Court’s action upholds our state constitution and stays these rulings by activist judges in Travis County. The same-sex marriage license issued by the Travis County Clerk is void, just as any license issued in violation of state law would be. I will continue to defend the will of the people of Texas, who have defined marriage as between one man and one woman, against any judicial activism or overreach.”
But there is a problem with Paxton’s finding here. The Texas Supreme Court issued a stay to prevent any other same-sex marriages from occurring in the state. However, they did not issue the stay in time to effect the marriage of Goodfriend and Bryant. The injunctions requested affect any marriage attempts occurring from that point forward, with Writ of Mandamus pending…
One doesn’t have to be a legal scholar to see the inherent issues with Paxton’s statement. AG Ken Paxton cannot invalidate the couple’s marriage unless he takes them to court in a lawsuit. His declaration is certainly a bold move, but will easily be found erroneous in any higher court.
It’s also worth wondering why this is such a high priority in the first place. Like Greg Abbott before him, Ken Paxton considers stopping loving couples from getting married as a priority of the highest order for the state… literally less than 48 hours from the initial Travis County judge’s ruling. Yet “preventing same-sex marriage” isn’t listed anywhere on the Attorney General’s list of priorities. Is the A.G.’s office acting as quickly to aid ailing veterans or to stop child abusers and murderers from roaming our streets as they have to stop Texans from marrying? The immediate guess would be absolutely not.
The legal wrangling may be frustrating, but at least it has now begun for the state of Texas. We can’t win the war without first fighting the battle.