"Judges in Texas can, tragically, now refuse to hold same-sex weddings, the state's Supreme Court has ruled. A judgement from the state's top court will allow judges to refuse to perform marriages based on "sincerely held religious beliefs." Signed on Friday (24 October), Supreme Court justices argued in a ruling opinion that refusing to perform certain marriages is not a violation of the Texas Code of Judicial Conduct - a set of ethical standards that Texas judges must adhere to."
"McLennan County judge, Dianne Hensley, sued the state after she was publicly sanctioned for refusing to perform same-sex weddings. The county justice of the peace argued in legal filings that the State Commission on Judicial Conduct violated her religious rights with its decision to publicly warn her over her actions. In its warning, the Commission said Hensley was "casting doubt on her capacity to act impartially to persons appearing before her as a judge due to the person's sexual orientation.""
Texas Supreme Court ruled that judges may refuse to perform same-sex weddings if refusal is based on sincerely held religious beliefs. The ruling amended Canon 4 of the Texas Judicial Code, clarifying that such public refusals do not violate impartiality canons. McLennan County justice of the peace Dianne Hensley sued after public sanction for refusing same-sex ceremonies and argued the State Commission on Judicial Conduct violated her religious rights. The Commission had warned that her actions cast doubt on her capacity to act impartially toward persons because of sexual orientation. The decision parallels federal cases like Kentucky clerk Kim Davis.
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