A recent ruling by the Texas Supreme Court allows judges in that state to decline officiating same-sex weddings if doing so conflicts with their religious convictions.
The Dispute in McLennan County
The controversy began when Dianne Hensley, a justice of the peace in McLennan County, refused to officiate a same-sex wedding. She faced public sanction by the State Commission on Judicial Conduct, which warned that her actions undermined confidence in her impartiality toward individuals based on sexual orientation. Hensley argued her refusal was rooted in religious beliefs and that the sanction violated her rights.
Supreme Court’s Decision and Canon Change
On Oct. 24, the Texas Supreme Court sided with Hensley. In an opinion issued Friday, justices ruled that refusing to perform certain marriages does not conflict with the Texas Code of Judicial Conduct. Specifically, they revised Canon 4, the portion of the code governing judge impartiality, to allow exemptions grounded in “sincerely held religious belief.” In the ruling, the Court stated that such a refusal is not “a violation of these canons.”
Implications for Judicial Conduct
By permitting judges to act, or refuse to act, on religious grounds, the court has introduced a new carve-out in what was once a uniform duty to treat all parties with equal impartiality. Critics warn this change may erode protections for LGBTQ+ individuals who expect neutral treatment from public officials. Proponents say the ruling reinforces religious liberties for members of the judiciary.
Comparison to Federal Case
The Texas decision draws parallels to the national spotlight on Kim Davis, a county clerk in Kentucky who refused to issue marriage licenses to same-sex couples. That dispute eventually reached the U.S. Supreme Court. The Texas ruling does not itself create a precedent at the federal level, but it does echo broader tensions between religious belief and LGBTQ+ rights.
What Comes Next
Legal advocates for LGBTQ+ rights may challenge the ruling in federal courts, arguing it conflicts with constitutional equal protection. Other judges in Texas could seek similar exemptions under their religious beliefs. Meanwhile, couples drawn to justice of the peace offices may now face uncertainty depending on the judge assigned.
Bottom Line
The Texas Supreme Court has altered its judicial code to allow religious-based refusals to perform same-sex marriages. The decision highlights renewed friction between personal convictions and equal treatment under the law.
