(Bigstock photo)
Texas judges will now be permitted to refuse to officiate same-sex weddings based on their “sincerely held religious beliefs,” following a ruling issued Oct. 24 by the Texas Supreme Court.
The state’s highest court — composed entirely of Republican justices — determined that justices of the peace who decline to marry LGBTQ+ couples are not violating judicial impartiality rules and therefore cannot be sanctioned for doing so.
In its decision, the court approved an official comment to the Texas Code of Judicial Conduct clarifying that judges may opt out of performing weddings that conflict with their personal religious convictions. This clarification appears to directly conflict with existing provisions that prohibit judges from showing bias or prejudice toward individuals based on characteristics such as race, religion, or sexual orientation.
“It is not a violation of these canons for a judge to publicly refrain from performing a wedding ceremony based upon a sincerely held religious belief,” the court’s comment states.
The original code explicitly bars judges from showing favoritism or discrimination, declaring that they must not “manifest bias or prejudice, including but not limited to bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation, or socioeconomic status.”
The case traces back to McLennan County Justice of the Peace Dianne Hensley, who was publicly reprimanded in 2019 after refusing to marry same-sex couples while continuing to perform ceremonies for heterosexual ones, the Texan reported.
The State Commission on Judicial Conduct found that her actions cast doubt on her ability to act impartially, but Hensley has spent the past six years challenging that reprimand in court, arguing that she was punished for adhering to her Christian beliefs.
In a statement responding to the Oct. 24 ruling, Texas House LGBTQ Caucus Chair Jessica González expressed disappointment with the decision.
“The Texas House LGBTQ Caucus is disappointed, but not surprised, to learn that the Texas Supreme Court is not willing to stand up for the rights of LGBTQIA+ Texans,” she said. “Our right to marriage should never depend on someone else’s religious beliefs. This change in the Judicial Conduct Code will only further erode civil rights in Texas.”
The Texas Supreme Court is also currently reviewing a related matter referred by the 5th U.S. Court of Appeals. That case involves another judge, Keith Umphress, who similarly refused to perform same-sex weddings for religious reasons. The 5th Circuit has asked the Texas justices to clarify whether the state’s judicial conduct code actually forbids judges from publicly declining to officiate same-sex weddings while continuing to perform ceremonies for straight couples — a question that could further define the boundaries between religious liberty and judicial impartiality in Texas.
The National LGBT Media Association represents 13 legacy publications in major markets across the country with a collective readership of more than 400K in print and more than 1 million + online. Learn more here: NationalLGBTMediaAssociation.com.
Sign up for the Watermark Out News eNewsletter and follow us for more:
BlueSky | Facebook | Instagram | LinkedIn | TikTok | Threads | YouTube
