Three years ago the Supreme Court Ruled in Obergefell v Hodges that states could no longer discriminate against same sex marriage couples. The Constitution considers marriage a reserved states’ rights issue. The Tenth Amendment seems to preclude this area from Federal interference. The Supreme Court ruled that the due process clauses of the 5th and 14th Amendments plus the Equal Protection Clause of the 14th Amendment prohibited discrimination against same sex marriages. It ordered the states to issue same sex marriages forthwith. Kentucky County Clerk Kim Davis famously refused to issue marriage licenses to same sex couples under her First Amendment Religious rights and Texas Attorney General Ken Paxton encouraged Texas County Clerks to follow suit.
Can Texas County Clerks refuse to issue same sex marriage licenses? Under their
personal First Amendment Religious rights? Can Texas claim that Marriage Laws are part of Texas state reserved powers? Or is the Supreme Court correct in saying that all citizens possess the right to marry?
