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By Giulia Carbonaro
Senior Reporter
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Texas judges who refuse to perform same-sex marriages based on "sincerely held religious beliefs" do not violate the state’s rules on judicial impartiality and won't be sanctioned for it, the Texas Supreme Court ruled on Friday.
Why It Matters
The court's decision, which was added to the state's judicial conduct code on October 24 effective immediately, follows years of debate in Texas after the U.S. Supreme Court legalized same-sex marriages in the country in 2015.
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In 2019, Waco Justice of the Peace Dianne Hensley was accused of violating the canon for refusing to marry a same-sex couple, citing her Christian beliefs. At the time, the State Commission on Judicial Conduct issued a public warning against Hensley, rejecting the idea that she should be entitled to "religious exemption," as she claimed.
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What To Know
The Supreme Court's decision amended Canon 4 of the Texas Code of Judicial Conduct, which prohibits judges from letting any activities outside of their official judicial role cast doubt on their impartiality or interfere with their duties.
The added line reads: "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 ruling does not include reasoning for the change. "The order speaks for itself, and the Court cannot comment on its connection to pending litigation," Texas Supreme Court clerk Blake Hawthorne said in an email to KERA News.
The amendment was signed by all nine justices of the all-Republican Texas Supreme Court.
What People Are Saying
Chair of the Texas House LGBTQ Caucus Jessica González said in a statement issued after the court's ruling: "The Texas House LGBTQ Caucus is disappointed, but not surprised, to learn that the Texas Supreme Court is not willing to stand up for the rights of LGBTQIA+ Texans. Our right to marriage should never depend on someone else's religious beliefs."
She added: "This change in the Judicial Conduct Code will only further erode civil rights in Texas."
Democrat activist and political scientist Joel Montfort wrote on X, commenting on the court's ruling: "Texas Judges are now legally permitted to deny performing gay marriages as we continue to roll back rights in this country."
What Happens Next
The Texas Supreme Court's decision is in line with Governor Greg Abbott push to undermine LGBTQ+ rights in the Lone Star State. The Republican governor signed a law in September which barred transgender individuals from using bathrooms in certain public spaces that are in line with their gender identity, making Texas the 20th state in the union to pass similar laws.
In January, Abbott sent a letter to Texas state agency heads urging them "to reject woke gender ideologies" and "comply with the law and the biological reality that there are only two sexes—male and female," in line with directions given by the Trump administration.
LGBTQ+ advocates fear that the Supreme Court's decision on judicial conduct could represent a setback for same-sex couples' rights.
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