11.1.25
“A Win for Texas Judges Who Refuse To Officiate Same-Sex Weddings”
From Donna Garner
[COMMENTS FROM DONNA GARNER: Waco Justice of the Peace Dianne Hensley (and the other JP’s) by law in Texas do not even have to perform weddings.
Many have refused to do so.
However, Ms. Hensley knows that for people who have extenuating circumstances, a wedding performed by a JP is a good answer for them.
If a same-sex couple wants her to perform their wedding, she politely tells them she must decline because of her religious beliefs (guaranteed under the First Amendment of the U. S. Constitution); but then she goes a step further and kindly directs them to certain other people in the county who will perform those types of weddings.
We are thankful for JP Hensley who has the courage as an elected official to stay within the boundaries of her own religious beliefs.
In today’s seemingly upside-down world, that is very refreshing to the rest of us who share those same religious beliefs. Our prayers go with JP Hensley.]
***PLEASE GO TO THE 10.22.23 DALLAS MORNING NEWS ARTICLE POSTED AT THE BOTTOM OF THE PAGE TO READ OF JP DIANNE HENSLEY’S PERSONAL EXPERIENCES WITH HER GAY BROTHER.
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10.30.25 -- “Texas Supreme Court Allows Judges To Refuse Officiating Same-Sex Weddings” -- By Travis Morgan – Texas Scorecard -- https://texasscorecard.com/state/texas-supreme-court-allows-judges-to-refuse-officiating-same-sex-weddings/
Texas’ Supreme Court has clarified that judges are NOT required to perform same-sex weddings, an issue that had been working its way through the courts.
The order, issued last week, was not an explicit response to any specific litigation, but instead added comment to Canon 4 of the Texas Code of Judicial Conduct.
Canon 4 concerns “Conducting the Judge’s Extra-Judicial Activities to Minimize the Risk of Conflict with Judicial Obligations.”
Some lower courts had interpreted the canon to require judges to perform same-sex weddings if they were also performing heterosexual weddings.
BRILLIANT DECISION BY THE TEXAS SUPREME COURT
The State Supreme Court’s comment clarifies that “[i]t 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.”
BACKGROUND
As previously reported, McLennan County Justice of the Peace Dianne Hensley was issued a public warning in 2019 by the State Commission on Judicial Conduct (TSCJC) for officiating heterosexual weddings while referring same-sex couples to a minister that would help them — citing her religious beliefs.
The commission [TSCJC] found Hensley to be in violation of a section of Canon 4, which states, “A judge shall conduct all of the judge’s extrajudicial activities so that they do not cast reasonable doubt on the judge’s capacity to act impartially as a judge.”
[***COMMENTS FROM DONNA GARNER: HOW ARE MEMBERS OF THE TSCJC CHOSEN?
The 13 members of the Texas State Commission on Judicial Conduct (TSCJC) are NOT elected by Texas voters; and in the TSCJC’s case against JP Dianne Hensley, I believe they demonstrated their partisan views.
Six of the judges are appointed by the Supreme Court of Texas; two are attorneys (who are not judges) appointed by the State Bar of Texas; and five members (who are neither attorneys nor judges) are appointed by the TX Gov.]
Hensley filed a lawsuit against the TSCJC, claiming its interpretation of Canon 4A(1) is incorrect and violates her rights under the Texas Religious Freedom Restoration Act.
That state law declares, “[A] government agency may NOT substantially burden a person’s free exercise of religion.”
The TSCJC ultimately removed the public warning, but the case is still pending in the Texas courts.
ANOTHER RELATED CASE
A related case is working its way through the federal courts.
Jack County Judge Brian Umphress is challenging the commission’s [TCJC’s] application of Canon 4 against Hensley, contending it is unconstitutional.
However, the U.S. Fifth Circuit Court of Appeals said it cannot decide whether this section of Canon 4 is unconstitutional because it had not been established in Texas law whether the TSCJC’s interpretation is correct.
TEXAS SUPREME COURT CLARIFIED THE WORDING IN CANON 4
The court [U. S. Fifth Circuit Court of Appeals] therefore sent a Certified Question to the Texas Supreme Court on April 4 [2025] asking the state’s justices to provide a definitive answer on this unsettled issue of state law.
Rather than settling this issue through the Certified Question, the [Texas] Supreme Court decided to issue the order that added comment to Canon 4 directly.
[Texas’ Supreme Court has clarified that judges are NOT required to perform same-sex weddings.]
This update is expected to impact significantly both Hensley and Umphress’ respective lawsuits, with the clarified interpretation addressing the core legal dispute in their favor, though formal resolution of their individual cases remains pending…
MORE INFORMATION
10.22.23 -- “TX Judge Does Not Want To Marry Gay Couples – TX Supremes Will Soon Hear Case” – by Lauren McGauphy – Dallas Morning News --
Excerpts from the above DMN article: “Hensley said she has never asked anyone their belief system in deciding whether to marry them. But if a justice of the peace has a sincere religious conviction that they [he or she] cannot wed a couple of a different faith, they [he or she] should be able to refer them elsewhere, she said.
“If you are a person of faith, I would think you would want to be married by somebody who supported that, because to me, marriage is an institution ordained by God so you would want it to be blessed by your faith tradition,” she said.
Hensley said her older brother, who died of ALS, was gay.
…When he came back home to Dallas, where they grew up, Hensley said she facilitated his reconnection with their parents.
The siblings never discussed his sexuality, but she knew he was gay “from the company he kept,” Hensley said. She became close with some of her brother’s friends, including a man named Michael, before her brother’s death.
“When Michael got married, he did not call me to [perform the marriage] because he respected my faith,” Hensley said. “I think that’s how most people are. Most people just want to live and let live.”
…“I loved my brother deeply and I still care about his friends and the entire community. I really just want the best possible life for everyone and the best possible outcomes.”
6.2.25 – “TX Supreme Court To Decide If State Judges Have Freedom of Religion” -- By Travis Morgan – Texas Scorecard -- https://donnagarner.org/6-2-25-tx-supreme-court-to-decide-if-state-judges-have-freedom-of-religion-by-travis-morgan-texas-scorecard/
6.27.23 -- “Waco JP’s Suit on Refusal of Same-Sex Marriages To Get Texas Supreme Court Look” -- By Christopher de los Santos – Waco Tribune Herald -- https://donnagarner.org/6-27-23-waco-jps-suit-on-refusal-of-same-sex-marriages-headed-to-supreme-court-by-christopher-de-los-santos-waco-tribune-herald/
12.23.22 – “Texas Appeals Court Tosses Suit from Waco JP Who Refused To Marry Gay Couples” - by Lauren McGaughy – Dallas Morning News -- https://donnagarner.org/12-23-22-texas-appeals-court-tosses-suit-from-waco-jp-who-refused-to-marry-gay-couples/