Responding quickly to Texas AG Ken Paxton’s request for emergency relief, the Texas Supreme Court put a halt to any further same-sex marriages in Texas. CNN reports that Paxton will seek to have the one marriage license issued rescinded after Sarah Goodfriend and Suzanne Bryant were married on the steps of the Travis County Courthouse today.
Hours later, however, the Texas Supreme Court blocked other gay couples from obtaining marriage licenses after a legal challenge by Texas Attorney General Ken Paxton.
The state high court ruling did not invalidate the marriage of the two women in Austin, but Paxton said his office will seek to void their marriage license “due to the erroneous judicial order.”
Paxton is relying primarily on cases that have been pending before the Texas Supreme Court for several years involving the question of whether a same-sex couple that was legally married in another state can obtain a divorce in Texas. The Texas AG intervened in those cases to claim that a district court did not have jurisdiction to grant a divorce because Texas law does not recognize same-sex marriage. Paxton claims that Probate Court Judge Guy Herman abused his discretion in deciding an issue that is pending before the Supreme Court. This seems to be a novel argument as the Supreme Court has not ruled and therefore, there is no clear ruling that Hermann failed to follow. Rather, Hermann found the Texas prohibition on same-sex marriage to be unconstitutional – something the Texas Supreme Court has yet to weigh in on.
