Austin (AP) – Already indicted on felony securities fraud charges, Texas Attorney General Ken Paxton will face an ethics investigation for advising local officials they could refuse to issue same-sex marriage licenses on religious grounds.
The U.S. Supreme Court ruled gay marriage legal in June 2015. A month later, a complaint filed and co-signed by more than 200 attorneys said Paxton’s stance encouraged officials to violate the U.S. Constitution and break their oaths of office.
The complaint was initially dismissed by the Office of Chief Disciplinary Counsel of the State Bar of Texas, but an appeals board appointed by the state Supreme Court reinstated it this month, saying the complaint alleges a “possible violation” of professional conduct rules.
“Texas ethics rules prohibit any lawyer, including the Attorney General, from counseling a client to engage in conduct that the lawyer knows is criminal or fraudulent,” said attorney Eddie Rodriguez. His Houston firm helped initiate the complaint.
Potential penalties could range from a reprimand to disbarment, Rodriguez said.
Paxton’s office did not respond to messages seeking comment. A State Bar official declined comment, but Rodriguez released a copy of the letter from the appeals board reinstating the case.
The appeals board’s decision to reinstate the case does not mean Paxton violated professional ethics, but requires him to respond to the complaint as part of the investigation.
The day before the high court’s ruling, Paxton released a statement that urged county clerks and judges to hold off on same-sex marriages until his office could give guidance. Two days after the ruling, he issued an opinion that clerks did not have to issue licenses and justices of the peace could refuse to perform same-sex wedding ceremonies on religious grounds.
The complaint against Paxton alleges he encouraged officials to break the law.
“Public officials are entitled to express disagreement with U.S. Supreme Court decisions. They are not free to disregard them or encourage others to do so,” the complaint argues.