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AUSTIN, Texas (AP) – A first-year state lawmaker’s complaint has prompted the Texas Commission on Judicial Conduct to investigate a judge who ordered the issuance of a marriage license to a same-sex couple.

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Republican Rep. Tony Tinderholt filed the complaint Wednesday against State District Judge David Wahlberg, an elected Democrat.

Last week, Wahlberg ordered the Travis County clerk to issue a marriage license to a “medically fragile” lesbian couple in Austin. His order followed a probate judge’s decision that Texas’ 2005 voter-approved same-sex marriage ban was unconstitutional.

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Tinderholt said Wahlberg violated statutes requiring that judges notify the Attorney General when ruling something unconstitutional. Texas Attorney General Ken Paxton has asked the state Supreme Court to declare the lesbian couple’s license invalid.

After an investigation, the commission will review the results and weigh disciplinary actions.

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