With legislation to block county clerks from issuing same-sex marriage licenses dying in the Legislature, it is not surprising that social conservatives are asking Governor Greg Abbott to call a special session on the issue.
The U.S. Supreme Court is expected later this month to rule on whether state bans on same-sex marriage are constitutional, and the conventional wisdom is the court is going to say the bans are unconstitutional. Social conservatives had hoped to block implementation in Texas by passing a law that banned the issuance of same-sex marriage licenses, giving the state a means for continued litigation. The conservatives hope to use Harris v. McRae, 448 U.S. 297 (1980) to argue that the federal government cannot force states to spend local money to enforce a federal policy; i.e., issuing licenses for same-sex marriage.
After a legislative session where Abbott can claim a level of success, I find it difficult to believe he would call a special session on such a divisive issue, especially while he is still signing and vetoing bills. But on a single-issue special session, the only thing to stop a bill such as this from passing quickly would be a quorum break by Democrats.
The petition to Abbott is posted below.