Texas AG no longer faces contempt hearing over gay rights

The court order comes two days after Paxton was booked on securities fraud charges.

Word of a resolution came only hours after Paxton told U.S. District Judge Orlando Garcia – who had ordered Paxton to appear before him later this week – that no “high-ranking government official” should be compelled to personally show up in court barring extraordinary circumstances.

The contempt charges stem from a case in which the state initially denied a gay man an amended death certificate for his husband. Stone-Hoskins argues that the state should follow the landmark June 26 decision by the U.S. Supreme Court, which found gay marriage legal in all 50 states, and a July 7 order by Garcia that instructed state agencies to no longer enforce Texas laws that bar same-sex marriage. If lawyers for the same-sex couples in the case find the new rules problematic – for instance if they don’t include couples married before the U.S. Supreme Court ruling – then, another hearing will be called, Lane said. Paxton said neither he nor interim Texas Department of State Health Services commissioner Kirk Cole should be required to appear in person.

“Paxton and Cole’s contemptuous attitude and acts have consequences far beyond the single case of John Stone-Hoskins, whose situation is hardly unique”, the attorneys wrote, adding that Garcia should exercise “his inherent power of contempt” to ensure state officials abide by same-sex marriage rulings.

Chris Van Deusen, a state health department spokesman, said the agency will work as quickly as possible to implement the new policy.

In a brief filed Wednesday afternoon, Stone-Hoskins’ attorneys had asked the court to dismiss Paxton’s request and pursue contempt of court charges, alleging Paxton has “virtually incited” state employees to “ignore and resist” the same-sex marriage rulings.

Schaffer and Wice, both attorneys from Houston, were selected to look into Paxton’s admission after Collin County District Attorney Greg Willis, a friend and business partner of the attorney general, stepped aside. Paxton’s first court appearance is scheduled for later this month in Fort Worth.