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Texas Marriage License Bill (HB 1813)

This law was last updated on Jul 27, 2017

This law is Anti–LGBTQ




HB 1813


Failed to Pass


Feb 13, 2017


Co-sponsors: 19
Primary Sponsors: 5
Total Sponsors: 24


Conscience and Refusal Clauses, Religious Freedom

Full Bill Text

HB 1813 would allow county clerks to discriminate against same-sex couples by refusing to issue marriage licenses, and instead pass off such duties to other certifying officials.

This provision would only apply to a county clerk that has notified the commissioners court of a sincerely held religious belief.

The bill would allow a county clerk to delegate the duty to certify the application, administer the oath, and issue the license to a deputy clerk if the deputy clerk is willing and available to perform those functions.

The bill would allow a judge or magistrate who is willing and available to certify an application for a marriage license, administer the oath, and issue the license may act as the certifying official in any county, regardless of whether the magistrate or judge normally has jurisdiction in that county.

The bill would amend Section 2.202 of the Family Code to permit a person authorized to conduct a marriage ceremony to decline to conduct such ceremony and not be subject to any administrative or civil penalties.

Related Legislation

Companion bill to SB 522.

Similar to HB 2795.