Texas Supreme Court allows judges to refuse wedding ceremonies based on religious beliefs

Texas judges can now refuse to perform same-sex wedding ceremonies based on religious beliefs.

The Texas Supreme Court amended the Texas Code of Judicial Conduct, adding a comment to clarify that it is not a violation for judges to refrain from performing weddings due to a “sincerely held religious belief.”

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According to Texas Values, the rule change appears to settle the case of Waco Justice of the Peace Dianne Hensley, who was publicly warned by the Texas Commission on Judicial Conduct in 2019 after posting on the McLennan County website that she would not perform same-sex marriages due to her religious beliefs.

The commission said Hensley’s stance violated the code of judicial conduct by suggesting bias, Texas Values said. Hensley sued, arguing the sanctions violated her religious freedom rights.

Jonathan Saenz, president of Texas Values, called the rule change “an important victory for religious freedom.”

“A judge should not have to choose between their conscience and their career,” Saenz said in a statement.

Chief Justice James D. Blacklock and seven justices signed the order adding a comment to Canon 4 of the judicial conduct code.

CBS Austin has reached out to the American Civil Liberties Union (ACLU) of Texas and the Gay and Lesbian Alliance Against Defamation (GLAAD) for a statement.