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Thread: Texas AG Says Workers Can Refuse Marriage Licenses to Gays[W:297]

  1. #401
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    Re: Texas AG Says Workers Can Refuse Marriage Licenses to Gays

    Quote Originally Posted by Taylor View Post
    I suppose it's up to the office to make sure that they are able to issue licenses to these groups.
    Not how our laws work, at all. They would face a legitimate lawsuit. The first claim would be that the person who had to wait, even if just for a few minutes or even seconds for someone else to serve them, was being discriminated against (because they are) and that causes emotional damage/embarrassment, etc.
    "A woman is like a teabag, you never know how strong she is until she gets in hot water." - Eleanor Roosevelt

    Keep your religion out of other people's marriages.

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    Re: Texas AG Says Workers Can Refuse Marriage Licenses to Gays

    Quote Originally Posted by chromium View Post
    Too late, by then they'll all be indoctrinated

    You may as well give in and partake in some gay studies yourself. I don't charge *quite* as much as your school tax...
    Which is why my children will rule their children.
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    Re: Texas AG Says Workers Can Refuse Marriage Licenses to Gays

    Quote Originally Posted by Taylor View Post
    I don't know that anyone was hired to issue marriage licenses to same-sex couples, that just recently became part of the job description. The office could make it a job requirement for all clerks, but I don't know that they're required to so long as they can work out a solution that keeps everyone at least somewhat happy. Clearly, it would need to be a requirement for some.
    I would think if a clerk refused to do the job they would be fired and replaced with another who would do the job.
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    Re: Texas AG Says Workers Can Refuse Marriage Licenses to Gays

    Quote Originally Posted by roguenuke View Post
    It's really simple. Would it be okay for someone at the DMV to claim a religious exemption to having to issue a license to a woman, so long as someone else was available to wait on any woman who came through the DMV? What about a DMV person refusing to issue a driver's license to any Muslim or Mexican? Would that be legally okay so long as someone else was available (and there is always someone else in every DMV I've ever been in) to deal with those particular types of people?
    One would have to identify the law(s) that make this illegal (if any) and determine whether the two situations are indeed analogous. For example, I don't know of any religion that would frown upon issuing a drivers license to someone with Mexican heritage.

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    Re: Texas AG Says Workers Can Refuse Marriage Licenses to Gays

    Quote Originally Posted by roguenuke View Post
    It's really simple. Would it be okay for someone at the DMV to claim a religious exemption to having to issue a license to a woman, so long as someone else was available to wait on any woman who came through the DMV? What about a DMV person refusing to issue a driver's license to any Muslim or Mexican? Would that be legally okay so long as someone else was available (and there is always someone else in every DMV I've ever been in) to deal with those particular types of people?
    I would just fire or suspend without pay a clerk who refused anyone. The AG should be removed from the state as well for telling state employees not to do their jobs.
    The flame that is between us could set every soul on fire. I would love to take that heat and let's fill the whole world with desire.
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    Re: Texas AG Says Workers Can Refuse Marriage Licenses to Gays

    Quote Originally Posted by roguenuke View Post
    Not how our laws work, at all. They would face a legitimate lawsuit. The first claim would be that the person who had to wait, even if just for a few minutes or even seconds for someone else to serve them, was being discriminated against (because they are) and that causes emotional damage/embarrassment, etc.
    Probably true, but I don't think "equal protection" means that two groups have the exact same wait times (within a few minutes or seconds).

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    Re: Texas AG Says Workers Can Refuse Marriage Licenses to Gays

    Quote Originally Posted by katiegrrl0 View Post
    I would just fire or suspend without pay a clerk who refused anyone. The AG should be removed from the state as well for telling state employees not to do their jobs.
    Of course, you'd also be sued under the Texas Religious Freedom Restoration Act. Perhaps these clerks are in for a lawsuit no matter what action they take.

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    Re: Texas AG Says Workers Can Refuse Marriage Licenses to Gays

    Quote Originally Posted by Taylor View Post
    Of course, you'd also be sued under the Texas Religious Freedom Restoration Act. Perhaps these clerks are in for a lawsuit no matter what action they take.
    Why would I be sued? I would suspend the employee for not doing there job? I would not be suing them because they have a religious belief. Non issuance of a license because a couple is gay is discrimination and it would break laws. Being religious does not give a person the right to break the law or not do their job. Government is not telling them what to believe and what church you go to.
    The flame that is between us could set every soul on fire. I would love to take that heat and let's fill the whole world with desire.
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    Re: Texas AG Says Workers Can Refuse Marriage Licenses to Gays

    Quote Originally Posted by Taylor View Post
    Of course, you'd also be sued under the Texas Religious Freedom Restoration Act. Perhaps these clerks are in for a lawsuit no matter what action they take.
    I find it hard to believe that in the context of allowing discrimination that the religious freedom act will withstand the scrutiny of constant court battles when taken to task. It sounds like yet another issue that will rise to the top and be struck down.
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    Re: Texas AG Says Workers Can Refuse Marriage Licenses to Gays

    Quote Originally Posted by Taylor View Post
    One would have to identify the law(s) that make this illegal (if any) and determine whether the two situations are indeed analogous. For example, I don't know of any religion that would frown upon issuing a drivers license to someone with Mexican heritage.
    Doesn't matter if you don't know of any. Religion doesn't have to be known in order to be a protected belief/religion.

    The law is simple, antidiscrimination laws, public accommodation laws. The government cannot discriminate against people and any state employee that refuses to serve someone due to their race, religion, or any other such characteristics/traits just because they don't approve is subject to lawsuits, as well as punishment by the agency employing them.

    Seriously, this has been covered before, not all that long ago in fact.

    Louisiana justice who refused interracial marriage resigns - CNN.com

    "Bardwell, speaking to CNN affiliate WBRZ, said he was advised "that I needed to step down because they was going to take me to court, and I was going to lose.""

    Federal antidiscrimination laws make this illegal. You cannot refuse to serve someone who legally has a right to the service you provide, not as a state employee.
    "A woman is like a teabag, you never know how strong she is until she gets in hot water." - Eleanor Roosevelt

    Keep your religion out of other people's marriages.

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