Marriage equality and religious freedom collide in Granbury

Jim Cato and Joe Stapleton just want to get married.

But the two men haven’t been able to get a license from the Hood County clerk’s office despite asking nearly every day since last week’s Supreme Court ruling legalized their pending union.

Their struggle — which began when County Clerk Katie Lang refused to issue such licenses, citing religious reasons, and grew with their plan to file a federal lawsuit to get the license — reached a flashpoint Thursday in this small town about 40 miles southwest of Fort Worth.

Religious freedom squared off against marriage equality Thursday as demonstrators for each stated their cases, at times loudly, on opposite sides of the historic courthouse in Granbury’s Town Square.

“This is a great place for this to start,” said Roland Russell, a 77-year-old Granbury man who showed up to see the dueling rallies. “It takes a lot to get the common everyday old boy off his butt, but … this has hit a sore spot with so many people.”

On one side of the courthouse, Cato and Stapleton told the crowd that their attorney is sending a letter to Lang — who this week said her clerks may issue same-sex marriage licenses — because they have been told it could take weeks to get the proper forms. On Thursday, the clerk’s office said it is not yet issuing licenses.

The letter says the clerk’s office should comply with federal law and issue the couple a marriage license. Otherwise, they will file their lawsuit as soon as next week.

“We live in Granbury. We pay our taxes in Granbury,” said Cato, 63. “We do not feel like we have to travel somewhere else for our marriage license.

“We will stick it out here until we get our license in Granbury.”

On the other side of the courthouse, dozens of people gathered to show support for Lang and for religious freedom.

“Government should not be able to punish people because of their religious faith,” Jonathan Saenz, president of Austin-based Texas Values, which opposes same-sex marriage, told a crowd of around 100. “We will not be silent.

“We will continue to stand for God and country,” he said. “We are here to support Katie Lang.”

Religious freedom

Pastors and residents holding signs that read “Impeach Supreme Court” and “Protect Religious Freedom” gathered at the religious freedom rally and spoke of the need to stand up for God, stay true to their beliefs and show Lang that she is not alone.

They said Lang has the right not to issue same-sex marriage licenses because of her strong religious beliefs.

Stuart Smith, a priest at Good Shepherd Anglican Church in Granbury, said he wanted to be there because the Supreme Court ruling was “morally and legally wrong.”

“I want to make witness for the biblical understanding of marriage,” he said.

Saenz read a statement from state Sen. Brian Birdwell, R-Granbury, who was unable to attend the rally, encouraging Texans to keep their faith in God and the First Amendment.

“The issue at hand is patently clear,” he said. “This [opposing] group seeks for you and I to conform to their viewpoints.

“To do so is to strip us of our inherent right,” Birdwell’s statement said. “We must not be deterred.”

Marriage equality

Shortly after the religious freedom rally began, an equal-rights rally began, with far fewer attendees, on the other side of Town Square.

“We have been accepted as equal human beings,” said Aaron Stotlar, who lives in Glen Rose but came to Granbury to attend the rally and to cheer on the Supreme Court ruling. “Now one public official has chosen to use her religious beliefs to deny our rights.

“I’m here to show my support for equality,” he said. “I’m all about love.”

As Cato and Stapleton talked about their 27-year relationship and their desire to marry — something they once thought would never be possible — supporters milled around carrying signs that read “Gay rights are human rights” and “We are family.”

Slowly, a group from the religious freedom rally gathered nearby, holding hands, praying and singing Amazing Grace.

Neill Wilkerson, 75, of Granbury, who attended the religious freedom rally, walked over to the marriage equality rally to ask how many of the people there were proud of gay-pride parades in New York, featuring scantily dressed people, that children see.

“I am tolerant,” he said after the confrontation, which sparked a war of words, adding that he doesn’t “promote their garbage.”

“They are teaching people to be queer,” he said. “They are tearing up our morals.”

Continuing debate

Thursday’s rallies came after Republican Texas Attorney General Ken Paxton issued a nonbinding opinion Sunday that officials can deny marriage licenses if they have religious objections.

But he did warn that those who refuse to issue licenses could face fines or lawsuits.

After posting a lengthy statement on the county clerk’s website stating that she won’t issue same-sex marriage licenses “due to my religious convictions,” Lang updated the statement to note that she will “personally refrain” from issuing them but “the County Clerk’s Office of Hood County will have staff available and ready to issue same-sex marriage licenses.”

Tarrant and Dallas counties were among the areas that began issuing same-sex marriage licenses hours after the court ruling. Meanwhile, county officials statewide have said they are waiting for software companies to update their forms.

On Monday, Lang said that fines and lawsuits “are a concern” but that she doesn’t think anyone would sue her.

According to her Tuesday night statement: “I am grateful that the First Amendment continues to protect the sincerely held religious beliefs of public servants like me. That has not changed since last Friday. As Justice Kennedy stated, ‘it must be emphasized that religions, and those who adhere to religious doctrines, may continue to advocate with utmost, sincere conviction that, by divine precepts, same-sex marriage should not be condoned.’”

Texas for Marriage, a public education campaign, called counties statewide this week to determine how many were offering same-sex marriage licenses. Out of 254 counties, officials in 205 say they are issuing licenses now, and 37 say they plan to issue them after technical changes to software and/or marriage certificates.

Three counties were not reached, two clerks wouldn’t comment, and seven are not issuing them because their clerk is out or they are awaiting legal guidance, said Nick Hudson, state director for the group.

“We are encouraged by the swift implementation of the Supreme Court’s ruling by most counties, but we won’t stop pushing until every clerk in Texas complies with the law and makes licenses available to loving and committed gay and lesbian couples,” he said.

State Sen. Rodney Ellis, D-Houston, sent a letter Monday to the U.S. attorney general’s office asking officials to “intervene, if necessary, to ensure that Texas officials do not flout the Supreme Court’s ruling and blatantly discriminate against same sex couples.”

Last thoughts

On Thursday, Lang’s backers carried signs showing their support.

Kristin Morgan, who organized the religious freedom rally, spoke out for Lang, who did not attend, saying “poor Katie is having to hide.”

Saenz said there is concern about Lang’s safety, so he wanted to send her a message.

“You are not alone. Your community … is here with you,” he said. “People across the country are with you … until the end.

“We will not be silent.”

Some at the opposing rally said they want Lang to step down.

Others said they just want to make sure same-sex marriage licenses are issued in Hood County.

“We aren’t after her or her job,” said Stapleton, 59. “We just want to get married.”

Cato said: “This is the law. And they have to respect the law.”

This story was originally published July 2, 2015 at 3:53 PM with the headline "Marriage equality and religious freedom collide in Granbury."