Texas Supreme Court Allows Judges to Refuse Performing Same-Sex Marriages

The Texas Supreme Court has amended Canon 4 of the Texas Code of Judicial Conduct, allowing judges to refuse to perform same-sex marriages based on sincerely held religious beliefs without facing disciplinary action. This change stems from long-standing disputes, including the case of McLennan County Justice of the Peace Dianne Hensley, who was sanctioned for refusing to officiate same-sex weddings but continued to perform opposite-sex marriages. Despite the amendment, same-sex marriage remains legal in Texas, and judges are not required to perform these ceremonies if it conflicts with their religious convictions. The ruling was unanimous and directed to be widely disseminated among state officials and the legal community. Critics highlight concerns that in rural areas with limited judges, this could hinder access to marriage for LGBTQ+ individuals. The amendment reflects ongoing tensions between religious liberty and LGBTQ+ rights within the judicial system.