DALLAS — In a story July 6 about a gay couple who received a marriage license shortly after filing a lawsuit against a Texas county clerk who had denied them one, citing her religious beliefs, The Associated Press misattributed a quote that begins, "due to personal conviction ...," that is at the end of the story. That was said by Hood County Attorney Lori Kaspar, not Hood County Clerk Katie Lang.
A corrected version of the story is below:
Gay couple granted Texas marriage license after lawsuit
Gay couple gets marriage license after suing Texas clerk who cited religious opposition
By DAVID WARREN
DALLAS — A gay couple was granted a marriage license Monday shortly after filing a federal lawsuit against a county clerk in Texas who cited religious opposition when denying them a license last week.
Jim Cato and Joe Stapleton filed the lawsuit Monday morning against Hood County Clerk Katie Lang. The men said they were repeatedly turned away when trying to obtain a license last week in Granbury, the county seat, following the U.S. Supreme Court ruling that legalized gay marriage nationwide.
The men were quickly granted a license and "are delighted" that they can get married in their home county, according to their attorney, Jan Soifer.
"It's a shame that they needed to hire lawyers and file a lawsuit to make that happen," Soifer said in a statement.
But the couple hasn't withdrawn the lawsuit just yet. Soifer said they are seeking an agreement from Lang that her office will issue licenses to same-sex couples without delay and paying attorneys' fees. The lawsuit alleges that Lang violated their right to equal protection under the law, among other charges.
Lang posted a statement on the Hood County clerk's website saying others in her office would issue the licenses, but that "the religious doctrines to which I adhere compel me to personally refrain from issuing same-sex marriage licenses."
Lang referred questions Monday to the Texas-based Liberty Institute, which litigates cases nationwide relating to religious liberty. Institute attorney Jeremy Dys said that while the U.S. Supreme Court legalized same-sex marriage in its 5-4 ruling last month, justices were unanimous in recognizing legal protections for public officials and others who invoke religious objections.
"The Supreme Court did not overrule the First Amendment on that day," Dys said.
In a statement released earlier Monday, Soifer criticized Lang for issuing the license to Cato and Stapleton days after saying her office could not provide it because state forms were not updated with same-sex references.
Dys said Lang was concerned that altering a license could result in an accusation of tampering with a government document. Lang received an opinion from the Hood County attorney over the weekend saying she could issue the license, Dys said.
"The bottom line is somebody can walk in and get a marriage license if they're entitled to a marriage license," he said. "There's no controversy here."
Hood County Attorney Lori Kaspar declined to provide details of her opinion to Lang, but noted that Lang took her advice and the license was issued.
Public officials take an oath to follow the law, and if they're unable to complete that oath "due to personal conviction, then you need to get someone else to do it or to step aside," Kaspar said. "I think as long as people get licenses then it doesn't particularly matter who issues them."