SAN ANTONIO – The day after Texas Attorney General Ken Paxton issued an opinion saying public officials can refuse to issue same sex-marriage licenses or perform ceremonies, most counties in the KSAT 12 viewing area say they are abiding by the Supreme Court's ruling.
On Friday, in a 5-4 decision, the Supreme Court justices ruled states cannot ban same-sex marriage, legalizing the practice in all 50 states.
That same day, the Bexar County Clerk's office issued 230 marriage licenses.
Clerk Gerard Rickhoff says his office does not keep track of how many licenses are issued to heterosexual versus gay and lesbian couples, but an average of 60 to 70 marriage licenses are issued from his office daily.
"Although from an expert -- the attorney general -- just like everybody else's opinion, it's not law. It's an opinion," said St. Mary's School of Law professor Michael Ariens, who specializes in religious liberty and constitutional law.
Ariens believes the AG's opinion will have little impact and will not spawn a litany of lawsuits.
"When you're a public employee you have certain duties that you have to do even if you don't like doing them," Ariens said. "It might be the case in a number of marriages between a man and a woman that the county clerk might know both people and say, 'This is not going to work.' But that has no bearing on whether the county clerk shall issue the marriage license."
The County Clerk offices of Medina, Kendall, Bandera and Bee counties say they will begin issuing same-sex marriage licenses once they receive properly updated forms and can update computer programs.
Atascosa, Blanco, Guadalupe, Hays and Gonzales counties are ready to issue same-sex marriage licenses while Karnes, DeWitt and Caldwell County Clerk offices said they planned to make the licenses available Monday afternoon.
Goliad and Kerr County Clerk offices say they plan to consult legal counsel before deciding how to proceed.
The Live Oak and Comal County Clerks could not be reached for comment Monday.
Perhaps the most challenging questions arising from the Supreme Court's ruling will be answered long after a same-sex couple says ‘I do.'
"How are private employers, particularly employers that have a religious mission whether nonprofit or for profit, are they affected by this ruling? And if so, how?" asks Ariens.