Texas House Bill HB2109

Texas 2019 - 86th Regular

Caption

Relating to the right of recusal from the performance of certain marriage ceremonies.

Impact

The bill stipulates that an individual who refuses to conduct a marriage ceremony due to religious beliefs is not liable for any civil damages arising from their decision. Furthermore, the bill allows such individuals to use their recusal as a defense in administrative hearings or civil actions. This provision aims to offer legal protection to those who may face potential backlash or penalties for exercising their beliefs in the context of marriage ceremonies.

Summary

House Bill 2109 is aimed at establishing the right of individuals authorized to conduct marriage ceremonies to recuse themselves from performing such ceremonies based on sincerely held religious beliefs or conscientious objections. This bill adds a new section to the Texas Family Code, specifically Section 2.603, outlining the conditions under which an authorized person may decline to officiate a marriage ceremony without facing legal repercussions.

Contention

While proponents argue that this bill is essential for protecting religious freedom and promoting conscientious decision-making, critics are likely to express concerns about the implications for civil rights and the potential to discriminate against same-sex couples or others in the marriage process. The discussion surrounding this bill highlights the ongoing tension between individual religious rights and the principles of equality and inclusivity in marriage law.