[Lurking Libertarian]

So you are proposing that a religious test be established for occupying an office under one of the several states — to wit, that one may not be an adherent of any religion which firmly believes the purported marriage of persons of the same sex is a moral travesty in which one cannot participate if one is to occupy the offices of county clerk, justice of the peace, judge, or any other office which is empowered to issue marriage licenses. This seems to run afoul of Article VI, paragraph 3 as extended to the states by prevailing 14th Amendment jurisprudence.

Can a Catholic County Clerk refuse to issue marriage licenses to people who have been divorced?

Can an Amish County Clerk refuse to issue drivers licenses?

Can a Quaker County Clerk refuse to issue gun licenses?

[The_Reader_David]

Actually, if we are to take both Article VI paragraph 3 and the First Amendment at face value, the answer to all your questions should be “yes”. Of course this means there must be an alternative mechanism for accomplishing those government functions when someone with particular religious scruples is elected to such offices.