Texas Supreme Court and Same-Sex Weddings

This week, the Supreme Court of Texas will hear oral arguments in a case between the State Judicial Commission and a Waco Justice of the Peace that refuses to conduct same-sex weddings, citing her religious beliefs.  The case will be argued on Wednesday, October 25 at approximately 9:45 a.m. and live-streamed at TexasBarCLE - Texas Continuing Legal Education.

My colleague, former Texas Court of Appeals Justice Douglas Lang, will argue for the Judicial Commission.  Their position is below:

"The Commission believes that a judge is required by her position as a judge to assure that, as Judicial Canon 4A(1) states, she conducts “all of the judge’s extra-judicial activities so that they do not cast reasonable doubt on the judge’s capacity to act impartially as a judge . . . .” 

Judge Hensley claims the Public Warning issued by the Commission on November 12, 2019, violates her rights.  However, the Public Warning is not about her religious beliefs, nor does it require her to conduct ceremonies to marry anyone. She has no legal duty to conduct marriage ceremonies.  The Public Warning is about her conduct that demonstrates her bias against certain citizens of the State of Texas. Further, the Commission is not telling her she cannot practice her faith or that she cannot have certain beliefs.

The Commission will stand up and argue for the preservation of the compelling interest to assure judges’ impartiality and support Texas citizens’ trust in the impartiality of the judiciary."