RELEASE: Same-Sex Court Ruling by Texas Supremes

Austin, TX – On Friday, a Texas judge who has been fighting to uphold her sincerely held religious beliefs received a major victory. The Texas Supreme Court appears to have sided with Judge Diane Hensley who did not want to be forced to perform same-sex weddings. The Texas Supreme Court updated the Texas Code of Judicial Conduct with a comment clarifying it does not violate judicial rules to publicly refrain from performing wedding ceremonies against their religious beliefs. This very important official action by the Texas Supreme Court is timely and relevant because the Texas Commission on Judicial Conduct in 2019 previously sanctioned and reprimanded Judge Diane Hensley for following her religious beliefs on the issue of same-sex marriage. Judge Hensley responded by filing a lawsuit to defend her religious freedom in court.  

Jonathan Saenz, President and Attorney for Texas Values stated:

“The Texas Supreme Court got it right with this important victory for religious freedom. In a state where religious freedom is widely supported, it’s common sense that a judge should not be punished for sincerely held religious beliefs. A judge should not have to choose between their conscience and their career.”

Now Texas judges will not be subject to sanctions from the Texas Judicial Conduct Commission for refusing to perform same-sex marriages based on their religious beliefs.

This official judicial rule comment by the Texas Supreme Court should make it crystal clear that this religious freedom applies statewide, including in the case of Judge Diane Hensley. This official action by the Texas Supreme Court should resolve the lower court challenge on this issue – a legal matter that has been ongoing since 2019 when the Judicial Conduct Commission sanctioned her for exercising religious freedom. Texas Values filed a legal amicus brief in 2023 supporting Judge Diane Hensley’s case before the Texas Supreme Court. The Texas Supreme Court previously ruled in favor of Judge Hensley in 2024 that her case could move forward on this matter, without making a complete decision on the merits of the case. Read the brief here.

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About Texas Values 

Texas Values is the largest statewide nonprofit organization dedicated to standing for faith, family, and freedom in Texas. More information is available at txvalues.org.