Pastor Protection bill takes unexpected bipartisan turn

AUSTIN -- A bill ensuring pastors' rights to refuse to perform same-sex weddings will soon be headed to the governor's desk.

State Rep. Scott Sanford (R-McKinney), the bill's lead House sponsor, succinctly summarized up the intent of the "Pastor Protection Act" as he laid out Senate Bill 2065 on the House floor Thursday afternoon.

"It ensures that the government may not force a pastor, clergy member or church to perform a marriage or related ceremony that would violate their sincerely held religious beliefs," said Sanford.

A protection already enshrined under the First Amendment of the U.S. Constitution, the main question from critics has been why it's needed in statute. Sanford explained Thursday that a handful of recent lawsuits have left many churches in fear of having to prove their constitutionally protected rights in court.

"Most of our churches in Texas are small, and can't afford the legal fees and the cost to carry out that legal battle," Sanford told KVUE. Testimony at a Senate committee hearing earlier this month was heated, with many pastors voicing fears that a U.S. Supreme Court decision in favor of same-sex marriage would result in pastors being legally required to perform same-sex marriage ceremonies. Same-sex marriage advocates have long called such fears absurd.

"Some of the people might be voting for this bill to hurt LGBT Texans," state Rep. Mary Gonzalez (D-El Paso), told members of the Texas House of Representatives Thursday. Yet rather than oppose the bill, Gonzalez and other Democrats moved to co-opt the Republican-led legislation. Gonzalez and fellow LGBT state Rep. Celia Israel (D-Austin) said the religious rights of clergy must be protected even as same-sex couples advocate for legal marriage.

"Some fine day, my partner and I are going to be able to get married in the great state of Texas," Israel said. "The Supreme Court hopefully will take care of that issue for us. When that day comes, rest assured to those pastors and preachers who will take a more literal interpretation of the Bible, that may partner and I of twenty years will not be going to them to bless our union."

State Rep. Rafael Anchia (D-Dallas) suggested many pastors already perform same-sex weddings in Texas, and voting in favor of the bill would affirm their rights to continue to do so. Under that framing, the bill cleared second reading with a vote of 141-2. While acknowledging some of the floor speeches were unexpected, Sanford told reporters afterward that many members had privately expressed their support ahead of time.

"I'm thrilled that the entire legislature, almost, came alongside Texas pastors, churches, clergy, ministers, to say he we want to protect your First Amendment rights," Sanford told KVUE.

Clarifying the protections in the bill, Sanford explained the law would only apply to clergy in their religious roles. Sanford said SB 2065 would not apply in cases such as a pastor who may also serve as a justice of the peace and thus be required to perform civil marriage ceremonies, explaining such a situation would fall under a different statute.

Asked whether the bill itself begs the question of whether the legal tea leaves suggest a change is inevitable, Sanford said activity in the courts has caused many to move proactively. "Anybody can look ahead and say that we may ought to prepare for those eventualities," he said.


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