Many same-sex couples have left the Denton County Clerk’s Office, marriage license in hand, in the past few weeks.
Some of the licenses are back already, filed as completed certificates with the signature of the clergy member or judge who presided over the wedding.
About five of the 25 or so marriage licenses issued each day in Denton County over the past few weeks were issued to same-sex couples. Weddings for same-sex couples are being performed by clergy and local elected officials alike, according to a Denton Record-Chronicle review of local marriage records since June 26, the day the U.S. Supreme Court ruled 5-4 in Obergefell vs. Hodges that same-sex marriage was legal.
Joe Holland, Precinct 1 justice of the peace in Denton, and Becky Kerbow, Precinct 3 justice of the peace in Lewisville, have performed weddings for same-sex couples since then. In addition, District Judge Steve Burgess of the 158th District Court has presided over at least three same-sex weddings.
While the local justice of the peace may be a popular option for couples wanting a civil ceremony, three of the county’s other four justices of the peace — Gary Blanscet (Precinct 6, Carrollton), J.W. Hand (Precinct 4, Roanoke) and Michael Oglesby (Precinct 5, Sanger) — said they did not plan to officiate any more weddings of any kind.
“It’s completely optional,” Edmondson said. “They don’t have to do it.”
Most of Denton County’s judges, from justices of the peace through district court, are in the middle of four-year terms. Only five district court judge seats are slated for the 2016 primaries and election. Burgess is not among them.
His term ends at the beginning of 2019.
James DePiazza, Precinct 2 justice of the peace of The Colony, said he does not base his decisions on whether it will get him elected in the next cycle.
“My character and integrity mean more to me,” he said.
DePiazza said that he considered halting performing marriages altogether following the high court’s ruling.
Instead, he has altered the form in his office and to note that change on the form itself.
“My conviction on marriage being between one man and one woman has not changed with the U.S. Supreme Court ruling,” he said. “I have decided that I no longer want to conduct wedding ceremonies, but will provide a mechanism for any couple who just want to get their marriage license signed. Historically, that is a high percentage of the marriages I have done in the past.”
DePiazza has received some flak in recent days for his stance and the form change, but has said and even recorded his office voicemail to note that he did so with no malicious or offensive intent, just to let people know his stance before they come to him to perform a wedding ceremony.
Officiating can be a source of income for judges, although not all judges charge for weddings. Denton Municipal Judge Robin Ramsay has presided over weddings of city employees and of friends.
He said he has never charged for a wedding, but he also hasn’t officiated many either. Denton Municipal Court isn’t set up for weddings, he said.
Judges declare officiating on their personal financial statements, required by state ethics laws, when it is a source of occupational income.
But a bill that would have required judges to disclose how much they made from weddings died in the Texas Legislature several years ago, according to James Wells, auditor for Denton County.
Fees paid to judges for performing weddings are considered personal income and do not flow through the county, Wells said.
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