Jonathan Covey of Texas Values says the case of a Judge Dianne Hensley (pictured above), an elected justice of the peace from McLennan County who came under fire in 2019, has ended positively.
When the State Commission on Judicial Conduct reprimanded her for not performing same-sex wedding ceremonies, she filed a lawsuit against them.
"Late in 2019, there was a lower court ruling that said she was barred from continuing her lawsuit because she had skipped the internal appeal process for the judicial conduct commission," Covey reports.
So, Judge Hensley went to the Texas Supreme Court, and her case was pretty tied up for a while.
But now, "the Texas Supreme Court just did a rule change with the code of judicial ethics," Covey relays.
Judicial canons are the framework for how judges are supposed to act – like what qualifies as partiality and proper performance of their duties. In this case, the Texas Supreme Court has changed Canon Four of the Texas Code of Judicial Conduct.
"[It] cannot be interpreted against a judge who decides not to perform same-sex wedding ceremonies because of sincerely held religious beliefs," explains Covey. "This is a welcome and a long overdue clarification from the Texas Supreme Court."
He says Texas Values is thankful the court reaffirmed that judges do not lose their First Amendment rights when they put on the robe, because no one should have to choose between their faith and public service.
"I think this decision strengthens the principle that Texas has always stood for, which is the freedom to worship and the freedom to live and work according to your conscience," Covey submits.
