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3w ago

Texas Supreme Court Says Judges May Decline Weddings on Religious Grounds

The court added a Canon 4 comment after years of litigation over refusals to officiate same-sex ceremonies, expressly insulating judges from state discipline for such decisions.

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October 11, 2021: City of Austin Transportation Department crews installing a creative crosswalk that resembles the Progressive Pride flag at the intersection of Bettie Naylor (Fourth) and Colorado Streets in commemoration of National Coming Out Day. Austin, Texas. Mario Cantu/CSM(Credit Image: © Mario Cantu/CSM via ZUMA Wire) (Cal Sport Media via AP Images)
Although the order could apply to any marriage, it comes in the wake of several ongoing attempts from state lawmakers to upend LGBTQ+ protections and challenge same-sex unions within Texas.
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Overview

  • A one-line comment adopted on October 24 states it is not a violation of the judicial canons for a judge to publicly refrain from performing a wedding based on a sincerely held religious belief.
  • The change took effect immediately and modifies Canon 4, which governs extra-judicial conduct and perceived impartiality, without expressly limiting the exemption to same-sex marriages.
  • The move grew out of cases involving Waco Justice of the Peace Dianne Hensley and Jack County Judge Brian Umphress, after a 2019 public warning to Hensley was later withdrawn and the Fifth Circuit posed a state-law question to the Texas high court.
  • Religious-liberty advocates, including First Liberty Institute, praised the protection for objecting judges, while civil-rights groups such as the ACLU and Equality Texas warned it invites discrimination and undermines confidence in judicial neutrality.
  • Legal observers expect further challenges, including potential equal-protection suits in Texas courts, as the U.S. Supreme Court considers on November 7 whether to hear Kim Davis’s petition tied to the scope of Obergefell.