Overview
- On Oct. 24, the court added an official comment to the Texas Code of Judicial Conduct stating it is not a violation for a judge to publicly refrain from performing a wedding based on a sincerely held religious belief.
- The change declares that justices of the peace who decline to marry LGBTQ couples are not breaching impartiality rules and cannot be sanctioned for such refusals.
- The move stems from litigation involving McLennan County Justice of the Peace Dianne Hensley and a related case involving Jack County Judge Keith Umphress.
- The clarification appears to conflict with existing code provisions that bar judges from manifesting bias based on characteristics including sexual orientation, drawing objections from LGBTQ lawmakers and civil-rights advocates.
- The order took immediate effect statewide and is expected to shape pending state and federal cases, with the all-Republican high court describing the action as a clarification of judicial conduct standards.