Judge Dianne Hensley (pictured above), based in Waco, Texas, was elected justice of the peace of McLennan County in 2014. However, the Obergefell v. Hodges decision of 2015 meant that Hensley, a Christian who views marriage is a sacred, lifelong covenant between one man and one woman, would have to officiate wedding ceremonies for same-sex couples.
Though she would refer such couples to a list of local wedding officials who would perform their ceremonies at the same price, and though the public did not complain about her, she received a warning from the Texas Commission of Judicial Conduct Nov. 12, 2019.
When Hensley sued the Commission for violating her rights under the Texas Religious Freedom Restoration Act, she was represented by First Liberty Institute.
Counsel Holly Randall says the Texas Supreme Court had ruled on cases like this in the past, ruling "multiple times … that the Commission cannot punish judges who refuse to perform same-sex marriages for religious reasons."
But late in 2019, a lower court barred her from continuing her lawsuit, saying she had skipped the internal appeal process.
So, Judge Hensley went to the Texas Supreme Court, where her case was tied up for a while.
The Commission rescinded its warning in October 2024 following a favorable ruling from the Texas Supreme Court, which went on to amend the Texas Code of Judicial Conduct to expressly permit judges to refrain from performing wedding ceremonies based on sincerely held religious beliefs.
Randall says there is a web of laws and policies in place at the state and federal levels that are meant to protect the religious freedoms of employees.
"We're thankful that the Texas Supreme Court protected the rights of members of the judiciary or other people that are in power under Texas law to perform marriages to be able to enforce their rights as religious Texans to not perform same-sex marriages," Randall tells AFN.
Now, a Travis County district court has awarded Hensley the maximum compensatory damages allowed under the Texas Religious Freedom Restoration Act and has barred the Commission from "investigating, sanctioning, or disciplining" her for refusing to officiate same-sex weddings because of her religious beliefs, regardless of whether she continues to perform marriages for opposite-sex couples.
As similar litigation involving judges across the state continues, Judge Hensley was awarded a settlement of $10,000 and $630,000 in attorney fees.
