A Texas judge who was disciplined for declining to officiate at same-sex weddings because of her religious beliefs has secured a substantial legal victory worth nearly a million Australian dollars — the bulk of which goes towards her legal fees.
Judge Dianne Hensley received the settlement after being sanctioned by the Texas Commission on Judicial Conduct for recusing herself from same-sex weddings, as similar litigation involving judges across the state progresses through the courts.
The District Court of Travis County ruling permanently blocks the Commission from “investigating, sanctioning, or disciplining” Judge Hensley.
The judge’s quandary stemmed from the US Supreme Court’s landmark 2015 Obergefell v Hodges decision guaranteeing same-sex marriage which presented American judges with an ultimatum: Officiate all weddings or none.
JUDGE HENSLEY INITIALLY OPTED OUT OF ALL SAME-SEX WEDDINGS
That forced judges like Dianne Hensley to choose between her faith and judicial duties.
She chose her faith, but was soon moved to officiate at marriages again by a tearful young woman’s request.
“I heard this poor young woman literally crying because they couldn’t find anybody to marry them,” Judge Hensley told a Texas newspaper.
“It just started really gnawing at me that this was unfair to people that nobody in the courthouse was doing weddings.”
THREE YEARS AGO THE JUDGE DECLINED A SAME SEX WEDDING
Years later in 2023, the Waco judge declined to officiate at a same-sex wedding because of her Christian faith.
She offered same-sex couples a list of alternative local wedding officiants willing to preside over the ceremony for the same price.
“We put together a referral list so that when somebody asked for that, my staff told them that because of my faith, I could not do it, but we have a referral list we can give them,” Judge Hensley explained at the time.
Despite no complaints from the public, the Texas State Commission objected to her alternative solution and issued a “public warning” and accused her of violating the Texas Code of Judicial Conduct.
JUDGE SUED TEXAS COMMISSION FOR VIOLATING HER RELIGIOUS LIBERTY
Under the Texas Religious Freedom Restoration Act, the judge sued the Commission for violating her religious liberty, eventually winning the case.
Last January, the Texas Supreme Court ruled in a broader case that the Commission had no authority under state law to discipline judges who refuse to officiate at same-sex weddings for moral or religious reasons.
The court 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.”
The district court later ruled in Judge Hensley’s favour.
“WE ARE GRATEFUL THAT JUDGE HENSLEY WAS VINDICATED”
Many defended Judge Hensley’s judicial integrity, including Hiram Sasser, the Executive General Counsel for First Liberty Institute, which represented the judge.
“Judge Hensley always adhered to the law and the legal guidance provided by the Attorney General of Texas,” he said.
“We are grateful that this case has concluded and that Judge Hensley was vindicated.”
JUSTICES OF PEACE LAUNCH CLASS ACTION AGAINST TEXAS COMMISSION
Although Judge Hensley’s case is closed, the Texas State Commission is still facing a statewide class-action lawsuit.
Advocates are seeking tens of millions of dollars in damages for income lost by justices of the peace who decline to perform same-sex weddings throughout the state.
First Liberty reports that some of them have been forced to stop performing weddings entirely to avoid disciplinary action from the Commission.
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