Texas judges who refuse to perform same-sex marriages based on “sincerely held religious beliefs” do not violate the state’s rules on judicial impartiality, the Texas Supreme Court ruled on Friday.
The court’s ruling amended Canon 4 of the Texas Code of Judicial Conduct, which prohibits judges from letting any activities outside of their official judicial role cast doubt on their impartiality or interfere with their duties.
The amendment reads: “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 decision, which was added to the state’s judicial conduct code on October 24 effective immediately, follows years of debate in Texas after the U.S. Supreme Court legalized same-sex marriages in the country in 2015.
In 2019, Waco Justice of the Peace Dianne Hensley was accused of violating the canon for refusing to marry people based on their sexual orientation, citing her Christian beliefs. At the time, the State Commission on Judicial Conduct issued a public warning to Hensley, rejecting the idea that she should have been entitled to “religious exemption.”
This is a developing news story. More to follow.