AUSTIN – A bill affirming the authority of religious institutions to refuse to perform same-sex marriages is one step away from heading to the desk of Gov. Greg Abbott, who has pledged to sign it into law.
Initially a cause for worry among the lesbian, gay, bisexual and transgender community, the legislation eventually was heralded by liberals and conservatives alike for upholding the First Amendment. LGBT advocates consider it the least detrimental of the more than 20 anti-gay bills proposed this session, the rest of which have died or stalled somewhere in the legislative process.
By a vote of 141-2, the House on Thursday approved Senate Bill 2065. The bill would protect a religious organization or affiliated individuals, including clergy or officiants, from being sued for refusing to preside over any marriage ceremony they believe would cause them “to violate a sincerely held religious belief.” It also would reiterate their authority to refuse to provide any goods or services for such events.
Two Democrats, Rep. Armando Walle of Houston and Terry Canales of Edinburgh, voted against the legislation.
“From time to time this body sees fit to reiterate what is already in the United States Constitution,” Rep. Celia Israel, D-Austin, said while speaking in favor of the bill. Israel, who is openly lesbian, said when she and her partner are extended the right to marry in Texas, “I will be going to someone who loves and respects us for who we are.”
Rep. Mary Gonzalez, D-Clint, who identifies as pansexual, added, “I truly believe that there is space for LGBT justice and religious freedom, and this bill is the space for that.”
Before passage, Rep. Sylvester Turner, D-Houston, asked a series of questions of House sponsor Scott Sanford, R-McKinney, ensuring state employees who issue identification cards and other important documents could not use the bill to discriminate against same-sex or interracial couples. Describing it as a shield not sword, Sanford responded the bill would only act as a block to certain lawsuits.
Sen. Craig Estes, R-Wichita Falls, introduced the bill late in the session at the urging of Lt. Gov. Dan Patrick. It originally was criticized as an anti-LGBT bill aimed at upholding Texas’ ban on same-sex marriage in the event the U.S. Supreme Court rules such bans unconstitutional.
Texas is one of 13 states that bar same-sex marriage. The U.S. Supreme Court is slated to rule on the issue this summer.
The bill later became a bipartisan rallying point, however, with LGBT rights group Equality Texas pulling its opposition and noting it was far less harmful than other legislation filed this year. For example, House Bill 4105, by Magnolia Republican Cecil Bell, would have forbidden state or local governments from using public money to issue marriage licenses to gay couples. That bill has passed in committee, but has not yet been debated on the House floor.
After Thursday’s vote, Gonzalez said of the many bills filed this year that could have implications for the LGBT community, she was happy Senate Bill 2065 was the only one likely to become law: “What did this bill truly do other than reaffirm the First Amendment? And if it helps people feel less anxiety around LGBT folks because of this bill, then I’m for that.”
The legislation must pass once more in the House before heading to Abbott’s desk. If he signs it into law, as he has pledged, it would take effect Sept. 1.
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