AUSTIN, Texas -- Attorney General Greg Abbott's office has declined to provide an opinion on whether Texas counties can issue marriage licenses to same-sex couples if one of the people had sex reassignment surgery.
Abbott's office on Aug. 6. deferred because a similar civil case is pending in Wharton County.
El Paso County Attorney Jo Anne Bernal in April requested the AG's opinion, after Sabrina Jeanne Hill sought a license to marry another woman.
Hill's birth certificate indicated she was born male, but her driver's license listed Hill as female, as did a court order acknowledging she changed her name after surgically becoming a woman.
Hill and Therese Bur wed in May in Bexar (bayr) County, which relied on a 1999 appeals court ruling to let Hill use her birth certificate listing her gender as male.