It is not surprising that Ken Paxton is being called to appear in U.S. District Court. He gave poor legal advice to Texas’ 254 County Clerks when he suggested they could possibly ignore the Supreme Court ruling regarding gay marriage. I wrote about that inaccurate legal advice here. There is nothing wrong with sincerely held political views. But, when you are serving as the state’s Attorney General and you claim to offer legal advice to local governments, you have to remove the political hat and wear the legal hat. Judge Orlando Garcia, of San Antonio, ordered Ken Paxton and Kirk Cole, the head of the Texas Department of Health, to appear in court and explain why they will not issue a death certificate to reflect a gay marriage.
A spokesman for the Attorney General’s office said the AG will file a response to the motion. But, he will have to do more than that. Political posturing will only carry you so far. See San Antonio Express-Newsa report.