Texas Supreme Court Allows Judges To Refuse To Perform Same-Sex Weddings
In what has been hailed as a “massive rollback for LGBTQ rights,” a new ruling by the Texas Supreme Court has granted judges the freedom to refuse to perform ‘same-sex weddings’ if it violates their sincerely held religious beliefs.
While previously judges who refused could face disciplinary actions, on account that it would “cast doubt on their ability to act impartially or interfere with the proper performance of judicial duties,” the state’s judicial codes have been updated to read: “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 impetus for the ruling began in 2015, following the Supreme Court legalizing gay marriage in Obergefell v. Hodges. While Texas judges were not required to officiate weddings, the new ruling made it clear they also were not allowed to discriminate between heterosexual and homosexual couples if they chose to officiate at all.
In light of the ruling, Justice of the Peace Dianne Hensley stopped officiating weddings altogether, but after some time began offering straight-only weddings while refusing to oversee same-sex ones, claiming she was a born again Christian and it was against her convictions to do so.
After being threatened with a public warning over judicial misconduct Hensley sued, and ultimately won.
As a result of the victory, many believe it could play a role in a federal lawsuit that is attempting to overturn the U.S. Supreme Court decision that legalized gay marriage.
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