Judges Given Religious Exemption on Same-Sex Marriages
In a controversial decision, the Texas Supreme Court ruled that judges who refuse to perform same-sex marriages due to “sincerely held religious beliefs” will not face disciplinary action. The ruling, made public on October 24, effectively amends the state’s Code of Judicial Conduct and took effect immediately.
The amendment adds one new sentence to Canon 4 of the code: “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 follows years of legal debate in Texas over the issue of religious exemptions after the U.S. Supreme Court legalized same-sex marriage nationwide in 2015.
The controversy began in 2019, when Waco Justice of the Peace Dianne Hensley was publicly reprimanded for refusing to perform same-sex marriages. Hensley claimed she was being punished for her faith and sought a religious exemption from the state’s judicial commission.
At the time, the State Commission on Judicial Conduct rejected her argument, warning that judges cannot allow personal beliefs to interfere with their duties. Friday’s ruling now effectively reverses that stance.
The Texas Supreme Court did not provide a written explanation for its decision. “The order speaks for itself, and the Court cannot comment on its connection to pending litigation,” said court clerk Blake Hawthorne in an email to KERA News.
All nine justices of the all-Republican court signed the order.
State Rep. Jessica González, chair of the Texas House LGBTQ Caucus, said in a statement, “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.”
Political analyst Joel Montfort echoed her sentiment on X, writing: “Texas judges are now legally permitted to deny performing gay marriages as we continue to roll back rights in this country.”
The ruling arrives as Governor Greg Abbott continues advancing laws restricting LGBTQ+ rights in Texas. In September, Abbott signed legislation banning transgender people from using bathrooms that align with their gender identity, making Texas the 20th state with such restrictions.
Earlier this year, Abbott urged state agencies to “reject woke gender ideologies” and enforce “biological reality,” echoing rhetoric from the Trump administration.
Advocates warn the new judicial conduct rule will deepen systemic discrimination, potentially denying same-sex couples access to equal marriage services across Texas.
