
"Critics say the move could erode public confidence in the impartiality of the courts and chip away at the practical reach of marriage equality in Texas. The order, issued Friday, adds a single but sweeping line to Canon 4 of the Texas Code of Judicial Conduct: "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.""
"For civil rights advocates, the decision represents a troubling precedent. It suggests that judges who swear to uphold the Constitution and apply the law equally may selectively refuse to serve certain citizens based on personal faith. Some advocates worry that allowing public officials to opt out of duties central to equality undermines the guarantees of Obergefell v. Hodges, the 2015 U.S. Supreme Court decision that made marriage equality the law of the land."
The Texas Supreme Court added a line to Canon 4 of the Texas Code of Judicial Conduct allowing judges to publicly refrain from performing wedding ceremonies based on sincerely held religious beliefs. The amendment, signed by all nine justices, took immediate effect and was ordered published in the Texas Bar Journal and Texas Register. The change permits judges to decline to officiate marriages, including same-sex unions, prompting critics to warn that selective refusals could undermine judicial impartiality and weaken the practical protections of Obergefell v. Hodges. The amendment follows prior incidents where local officials resisted same-sex marriage rulings and a Waco judge was admonished in 2019.
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