If a lawyer said what Ken Paxton said about disregarding A Supreme Court decision, then that lawyer would indeed face disbarment. So, it is perhaps not surprising that some 150 Texas lawyers have threatened to file a complaint about the Texas Attorney General. Ken Paxton issued legal guidance soon after the Supreme Court decision finding that gay marriages enjoyed protection under the U.S. Constitution. The day after the decision, the AG issued guidance that County Clerks could choose to ignore the decision if it violated their religious beliefs. But, warned, the AG, such County Clerks could face litigation if they refused to issue marriage licenses to gay persons.

Some 150 Texas lawyers have indicated they would file a complaint with the Texas bar about his unlawful legal guidance. See Texas Tribune report. The letter mentions the oath we lawyers take to uphold the U.S. Constitution.

Too, one must question the advice that County Clerks can even have religious beliefs. Acting as officers of the state or local government, much of what an official can do is limited. The Fourteenth Amendment applies the terms of the U.S. Constitution to all local and state government officials. State and local officials are the government for purposes of the U.S. Constitution. One can only assume Mr. Paxton’s advice was more political than legal.