BREAKING: Bell’s HB 4105 resurrected as an amendment, to be voted on as soon as tomorrow

Posted on 20 May 2015 at 11:47am

Rep. Cecil Bell, R-Magnolia.

Texas state Rep. Cecil Bell, R-Magnolia, intends to attach an amendment similar to his previous bill barring the issuance of marriage licenses to same-sex couples to a bill protecting clergy from being forced to perform same-sex marriages during a House floor vote on Thursday, May 21.

Bell filed HB 4105, also known as “The Preservation and Sovereignty of Marriage Act,”  ahead of an anticipated summer Supreme Court ruling legalizing marriage equality. It would have withheld pay from county clerks issuing marriage licenses to same-sex couples. After its defeat last week, Bell told reporters he wasn’t giving up on it.

Though an amendment must be considered germane to a bill, Equality Texas reports that Bell intends to attach HB 4105 to SB 2065, which passed the Senate last week on a 21-10 vote with all Republicans and one Democrat voting for it.

While HB 4105 died before it could get a vote, it garnered  support from the majority of the House HOP caucus.

During the debate over SB 2065, the ACLU, Equality Texas and Texas Freedom Network advocated for language that a clergy member may only refuse to officiate marriages that violate their conscience “in that official capacity.” Despite their efforts Estes refused in both the State Affairs Committee hearing and on the Senate floor to add the language.

Without the four words, opponents argued, faith leaders may be able to refuse to perform same-sex marriage if they serve in a secular capacity, such as justice of the peace or county clerk.

Proponents, including numerous conservative faith leaders, argued the bill was necessary to protect their right to deny performing a same-sex marriage.

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