6.19.26 – Waco Tribune-Herald
“JP Hensley Wins…Will Not Perform Same-Sex Marriages”
By Mike Copeland
Excerpts from this article:
McLennan County Justice of the Peace Dianne Hensley has prevailed in her legal battle.
[The battle was] over refusing to perform same-sex marriages that began when the [Texas State Commission on Judicial Conduct -- TSCJC] -- in 2018 issued a public warning against Hensley saying her marriage practices cast doubt on her ability to act impartially as a judge.
[COMMENTS FROM DONNA GARNER: 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 suit against the commission [TSCJC], claiming it violated a state religious liberty law in sanctioning her for refusing to conduct same-sex marriages based on her Christian faith while continuing to conduct opposite-sex marriages.
A state district court in Travis County this week issued a judgment in the case, awarding Hensley $10,000 in compensatory damages and requiring the commission to pay $630,000 in her attorney's fees.
First Liberty Institute, a prominent nonprofit, conservative, Christian legal organization and Jonathan Mitchell [i.e., Mitchell Law PLLC] represented Hensley throughout the process.
"It's important to stand up for religious principles, but I am glad it's over," Hensley said Friday.
"If you don't defend your rights, you won't have any. Fortunately, I had good counsel. I had worked on behalf of the Texas Religious Freedom Restoration Act and felt confident my case qualified."
According to a First Liberty press release:
The court's ruling in the case also permanently enjoins [stops] the judicial conduct commission [TSCJC] from "investigating, sanctioning, or disciplining Judge Hensley over her refusal to officiate at same sex weddings on account of her religious beliefs."
The judicial conduct commission withdrew its warning after Gov. Greg Abbott replaced most members who had voted to issue it [the ruling against JP Hensley], but Hensley's lawsuit continued.
Hiram Sasser, executive general counsel for First Liberty, said in the press release:
"Judge Hensley always adhered to the law and the legal guidance provided by the Attorney General of Texas [Ken Paxton]. We are grateful that this case has concluded and that Judge Hensley was vindicated."
Lower courts initially dismissed Hensley's lawsuit, saying she did not take advantage of administrative processes to challenge her reprimand before filing suit.
However, her appeals of the dismissal reached the Texas Supreme Court.
In 2024, the Texas State Supreme Court ruled 8-1 that her lawsuit could move forward and sent the case back to the trial court level.
Hensley said her fellow McLennan County justices of the peace have supported her during her trip through the state's legal system.
"Among the other judges, except for one, I received no feedback until after the Texas Supreme Court's decision in 2024, when other judges acknowledged the case and congratulated me," Hensley said.
Hensley [JP for Precinct 1, McLennan Co.] stopped performing weddings altogether after the U.S. Supreme Court's 2015 decision legalizing same-sex marriage nationwide.
She resumed officiating weddings in 2016 for opposite-sex couples only.
Hensley said Friday that she has performed no weddings at all since the judicial conduct commission [TSCJC] issued its warning but that she may resume opposite-sex ceremonies [male – female].
Hensley said she previously provided same-sex couples a list of people willing to officiate their weddings and now needs to update it.
She…is poised to start her fourth term in January [2027].
While the courts have ruled in Hensley's state case, she also filed a federal lawsuit in December [2025] that seeks to overturn the 2015 [U. S.] Supreme Court ruling in Obergefell v. Hodges that legalized same-sex marriage nationwide.
Mitchell [Jonathan Mitchell of Mitchell Law PLLC], who developed Texas' 2021 abortion ban that skirted the protections of Roe v. Wade, is also representing Hensley in the federal suit.
A statewide class-action lawsuit related to justices of the peace refusing to officiate same-sex marriages also remains, according to First Liberty.
According to the First Liberty press release:
"Although the Hensley litigation has concluded, the commission is still facing a statewide class-action lawsuit on behalf of justices of the peace who were unwilling to perform same-sex marriages and stopped performing weddings entirely to avoid disciplinary action from the commission [TSCJC].
The class action [by First Liberty] against the SCJC is seeking damages in the tens of millions of dollars for income lost by justices of the peace throughout Texas [who quit performing marriages entirely because of the actions taken by TSCJC].”
MORE INFORMATION
6.20.26 -- “Judge Dianne Hensley – Texas Judge Warned After Providing Solution To Endure That Anyone Who Wants To Get Married Can Get Married” – by First Liberty Institute -- https://firstliberty.org/cases/judge-dianne-hensley/
12.23.25 – “Waco Judge Files Federal Lawsuit – Might Overturn Same-Sex Marriage Law” -- By Travis Morgan -- Teas Scorecard -- https://donnagarner.org/12-23-25-waco-judge-files-federal-lawsuit-might-overturn-same-sex-marriage-law-by-travis-morgan-texas-scorecard/
11.1.25 -- “A Win for Texas Judges Who Refuse To Officiate Same-Sex Weddings” -- From Donna Garner -- https://donnagarner.org/11-1-25-a-win-for-texas-judges-who-refuse-to-officiate-same-sex-weddings-from-donna-garner/
6.27.23 -- “Waco JP’s Suit on Refusal of Same-Sex Marriages To Get Texas Supreme Court Look” -- by Christopher de los Santos -- 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” – Dallas Morning News - By Lauren McGauphy -- https://donnagarner.org/12-23-22-texas-appeals-court-tosses-suit-from-waco-jp-who-refused-to-marry-gay-couples/