Texas judge who refused to officiate same-sex weddings wins $640K legal victory

A Texas judge who was sanctioned by the Texas Commission on Judicial Conduct after declining to perform same-sex weddings, has been awarded a $10,000 settlement and more than $630,000 in attorneys’ fees.

The Christian Post reports that Judge Dianne Hensley, a Waco-based judge, received a public warning accusing her of violating the Texas Code of Judicial Conduct after she refused to officiate same-sex weddings because of her religious beliefs.

Hensley sued the Commission in 2019 for violating her rights under the Texas Religious Freedom Restoration Act.

Texas Supreme Court last year approved adding new language to the Texas Code of Judicial Conduct clarifying that “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.”

According to the Christian Post, despite the Texas Supreme Court’s amendments to the Texas Code of Judicial Conduct, the Commission didn’t immediately side with Hensley.

Earlier this year, the Texas Supreme Court ruled in a different case that the Commission has no authority under state law to discipline judges who refuse to perform same-sex weddings for moral or religious reasons. 

The court’s ruling, issued last week, awarded Hensley the maximum compensatory damages allowed under the Texas Religious Freedom Restoration Act and also barred the Commission from “investigating, sanctioning, or disciplining” Hensley regardless of whether she continues to perform marriages for opposite-sex couples.

First Liberty Institute Executive General Counsel Hiram Sasser, explained, “To ensure that all residents of McLennan County have access to low-cost wedding ceremonies, Judge Hensley compiled a referral list of local wedding officiants that would perform same-sex ceremonies at her price.”

Sasser added, “Judge Hensley always adhered to the law and the legal guidance provided by the attorney general of Texas. We are grateful that this case has concluded and that Judge Hensley was vindicated.”

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