A Texas bill protecting religious liberty for county clerks is moving to the state’s Senate.

Introduced in January, SB 522 allows county clerks to decline issuing marriage licenses to same-sex couples if doing so violates their religious beliefs. Clerks who decline must refer couples to another county official such as a deputy clerk, judge or magistrate. If no other official in the county is available, clerks will refer couples to another county. In such cases, couples can complete the process electronically. 

The bill comes nearly two years after the U.S. Supreme Court legalized same-sex marriage in Obergefell v. Hodges. The resulting plight of Christian county clerks has received national spotlight more than once.

Texas county clerk Katie Lang of Hood County refused to issue a same-sex marriage license in 2015 after Obergefell. When threatened with a lawsuit, Lang issued the marriage license to the couple. The lawsuit went forward, and Lang settled for $43,000.  Kim Davis, a county clerk in Kentucky, was briefly jailed in 2015 after refusing to issue marriage licenses to same-sex couples. Her case resolved in 2016 after Kentucky passed a law removing clerks’ names from the marriage licenses. 

A similar bill is also before the Texas Senate. Senate Bill 911 would remove clerks’ name from marriage licenses. While some LGBT groups support SB 911 as an acceptable compromise, LGBT groups have opposed SB 522. 

Two former Texas county clerks testified last week in favor of SB 522. Bella Rubio of Real County said she retired in 2016 after 22 years at her job. 

“I was very concerned that my conscience rights and sincerely held religious beliefs about marriage would not be protected as there was nothing specific in law,” she said. “If SB 522 would have been the law at the time I was serving as a county clerk and district clerk, I would not have resigned.” 

Joyce Lewis-Kugle of Rusk County, Texas, who retired in 2015 because of the Obergefell decision, issued a similar written testimony.

According to the Texas Legislature’s online records, SB 522 is on the Senate intent calendar as of Wednesday. Senate Bill 911 is not yet on the intent calendar.