In the seven months that Ken Paxton has served as Texas’ top law enforcement officer, he has slammed the federal government for its immigration policies, the Environmental Protection Agency for its environmental regulations, the Supreme Court for its rulings upholding the Affordable Care Act and legalizing marriage equality nationwide, defended the state’s stringent anti-abortion law and praised in broad terms further deregulation of the Second Amendment.
To be fair, as Texas Attorney General, Paxton’s office must defend the state court lawsuits, including those filed by his predecessor, now-Gov. Greg Abbott. Just like his predecessor he also has ambitions for higher office. Also like Abbott, his statements read like a fundraising letter. While it is clear he inherited a politicized office from Abbott, Paxton has recently done the office nor taxpayers NO additional favors.
Paxton is already under investigation by a Collin County grand jury for violating state securities law, an admission he made freely and then paid a $1,000 fine for. Under state law, it is illegal for an attorney to accept client commissions without registering first with the state securities board. Paxton not only broke the law but also broke a law he helped pass a state legislator.
Despite this revelation on the campaign trail he defeated two Republican challengers, former Rep. Dan Branch and former Railroad Commissioner Barry Smitherman. In the general election he defeated Democrat opponent Sam Houston, a Houston-area attorney, in a landslide. Of course, in both instances he was boosted by an energized grassroots and the support of wealthy Tea Party backers. They encouraged, or, more likely were encouraged by, his hard-line rhetoric on any number of issues. (Who wrote the talking points remains the question.)
Regardless of what he may actually believe, when looking for a quick political ascendency, look no further then the Texas GOP grassroots and their wealthy backers for advice. From state representative to one-term state senator to the state’s top law enforcement office,he got what he wanted.
Sadly Paxton’s carelessness, irresponsibility and smugness did not end with an admission or a fine, much less at the door of his private practice. He has also taken those traits to his taxpayer-funded office.
Following Friday’s U.S. Supreme Court ruling in Obergefell v. Hodges legalizing same-sex marriage nationwide, his office issued the requisite statement denouncing the decision. He also predictably, following April’s arguments, released a statement defending the state’s marriage ban.
Despite it being out of his responsibility, he then issued an opinion permitting county clerks and other government officials to decline to issue marriage licenses to same-sex couples if it violates their religious beliefs. While responsibly acknowledging clerks may be held liable, he sealed the fundraising envelope when he offered pro bono legal defense to any clerk mired in litigation for the decision. Religious liberty is an inherent right extended to all individuals, including those who genuinely oppose or support same-sex marriage for those reasons.
Even if you disagree politically or morally, issuing a marriage license does not mean you are sanctioning it. You cannot flout federal law.
Sadly that’s not what he told county clerks and potential donors across the state.
Between his politicization of his office and clear disregard for the law as represented by the pending criminal probe and irresponsible opinion on marriage equality, it has become clear Paxton is unfit for office. But in using Paxton’s logic, I can only conclude two things: breaking the law doesn’t violate his religious convictions, but resigning does. Whether or not a criminal indictment decides his professional fate in spite of any religious convictions, however, is an entirely different matter.