Off the Kuff report that Irion County Clerk Molly Criner is refusing to issue marriage licenses to same sex couples.  Her only explanation appears to be “I can’t do that.”

Criner, clad in a hot magenta knee-length skirt, white long-sleeve shirt and brown hair flowing loosely around her shoulders, extended her hand as she walked in and asked for the women’s names.

“We just need a marriage license,” one of the women repeated.

“Ok,” Criner sighed, “well, I can’t do that. But the clerk’s office in San Angelo is only 25 miles [away] and they’d be happy to issue one. I just can’t.”

For minutes the dialogue continued, the women questioning Criner as to why she was refusing and whether she had the paperwork and authorization. She responded that she does have the paperwork and is authorized, but repeated that she “just can’t do it.”

Referencing her staff, all of whom she said have issued marriage licenses to heterosexual couples in the past, Criner explained that no same-sex certificates would be coming out of her office. “I have not delegated my authority to them to do it, so they don’t have a choice,” Criner said. “You know, we all believe very strongly in what we believe, and I admire you for that. I really highly recommend 25 miles down the road, where you can get a license in Tom Green County.”

What Ms. Kriner can’t do is perform one of the essential functions of her office which is following the law that she took an oath to uphold.  What Kriner can do is resign if she cannot perform the job she was elected to do.