AUSTIN, TX — The Texas Supreme Court has ruled that state judges will not face penalties if they decline to perform same-sex marriages due to sincerely held religious beliefs. The unanimous decision, issued last week, amends Canon 4 of the Texas Code of Judicial Conduct to clarify that such refusals do not violate impartiality rules.
The move follows the long-running case of Waco Justice of the Peace Dianne Hensley, who in 2019 was sanctioned by the State Commission on Judicial Conduct after she declined to officiate same-sex weddings, citing her Christian faith. Hensley sued, arguing that the state violated her rights under the Texas Religious Freedom Restoration Act. The Texas Supreme Court previously ruled that her lawsuit could proceed.
The amended code now states that judges who “publicly refrain from performing a wedding ceremony based upon a sincerely held religious belief” are not in violation of ethics standards. Legal experts say the change also effectively resolves a similar challenge by Jack County Judge Brian Umphress, who raised constitutional objections to the same rule.
The court directed the order to be filed with the Secretary of State and distributed to state leaders and bar members.
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