Relating to the funding and issuing of marriage licenses and certifications and the recognition of certain marriages.
Impact
Under this bill, the Secretary of State would become the sole issuer of marriage licenses, with the power to oversee county clerks who may assist in this process. The bill includes provisions that would allow the Secretary of State to intervene if a county clerk issues a license contrary to the state constitution. Furthermore, the legislation prevents the use of state or local funds for supporting marriages that do not align with specific constitutional definitions, thereby limiting the recognition and enforcement of certain types of marriages deemed unacceptable under the new law.
Summary
House Bill 1745, titled the Preservation of Sovereignty and Marriage Act, seeks to redefine the procedures surrounding marriage licenses and certifications within the state of Texas. The bill stipulates that no state or local government employee shall be compelled to recognize a marriage or issue a license if it conflicts with their personal religious beliefs. This is positioned as a measure to protect the religious freedoms of public servants involved in the marriage process, thereby emphasizing the principle of individual conscience in governmental operations related to marriage.
Contention
The reaction to HB 1745 has been polarized. Proponents argue that the bill is needed to protect individuals who have religious objections to certain marriages, asserting that it upholds personal freedoms and respects diverse beliefs. Conversely, critics contend that the bill could lead to discrimination against certain groups by allowing government officials to refuse services based on personal beliefs, thereby violating principles of equality and fairness in the recognition of all marriages. This raises concerns about the possible exclusion of individuals from accessing marriage licenses based on the subjective beliefs of government employees.
Legislative context
The passage of HB 1745 would represent a significant shift in how marriage is regulated at the state level, centralizing authority and potentially curtailing local governance. The amendment of the Family Code to reflect these changes and the introduction of stringent funding prohibitions signify a broader trend among some legislators to align state laws with specific religious doctrines. As such, the implications of this bill reach beyond marriage law, touching on broader issues of governance, individual rights, and the role of government in personal matters.
Relating to the confidentiality of certain information on a marriage license, an application for a marriage license, and a declaration of informal marriage.
Relating to certain statutory changes to reflect and address same-sex marriages and parenting relationships and to the removal of provisions regarding the criminality or unacceptability of homosexual conduct.
Relating to certain statutory changes to reflect and address same-sex marriages and parenting relationships and to the removal of provisions regarding the criminality or unacceptability of homosexual conduct.
Relating to the licensing of marriage and family therapists, marriage and family therapist associates, professional counselors, professional counselor associates, and social workers, including certain out-of-state applicants.
Relating to the licensing of marriage and family therapists, marriage and family therapist associates, professional counselors, professional counselor associates, and social workers, including certain out-of-state applicants.
Relating to the waiting period following the issuance of a marriage license and the annulment of a marriage on grounds relating to that waiting period.
Relating to the licensing in this state of a person licensed in another jurisdiction to practice marriage and family therapy or professional counseling.