News Release
For Immediate Release: 6.19.26
Contact: John Manning, media@firstliberty.org
Direct: 972-941-4453
Court Enters Final Judgment in Favor of Waco Judge Who Refused To Perform Same-Sex Weddings, Awarding $10,000 in Damages and $630,000 in Attorney’s Fees
Court concluded that State Commission on Judicial Conduct violated Judge Dianne Hensley’s religious liberty rights by disciplining her for refusing to perform same-sex weddings.
Austin, TX—The District Court of Travis County has issued its final judgment in favor of Judge Dianne Hensley, who had been disciplined by the State Commission on Judicial Conduct (“Commission”) for recusing herself from performing same-sex weddings on account of her Christian faith. The final judgment awards Judge Hensley $10,000.00 in compensatory damages under the Texas Religious Freedom Restoration Act — the maximum allowed under the statute — and permanently enjoins the Commission from “investigating, sanctioning, or disciplining Judge Hensley over her refusal to officiate at same sex weddings on account of her religious beliefs.” The court’s judgment also requires the Commission to pay $630,000 for Judge Hensley’s attorney’s fees. First Liberty Institute and Jonathan F. Mitchell of Mitchell Law PLLC represented Judge Hensley.
“Judge Hensley always adhered to the law and the legal guidance provided by the Attorney General of Texas,” said Hiram Sasser, Executive General Counsel for First Liberty Institute. “We are grateful that this case has concluded and that Judge Hensley was vindicated.”
To ensure that all residents of McLennan County have access to low-cost wedding ceremonies, Judge Hensley compiled a referral list of local wedding officiants that would perform same-sex ceremonies at her price. Despite her efforts and no complaints from the public, the Commission issued Judge Hensley a “Public Warning,” sanctioning her for the referral solution and accusing her of violating certain canons of the Texas Code of Judicial Conduct. Hensley sued the Commission, Ken Wise, and others for violating her religious liberty under the Texas Religious Freedom Restoration Act.
In June 2024, the Texas Supreme Court ruled that Judge Hensley’s claims against the Commission could proceed and sent the case back to the lower court to consider her claims under the Texas Religious Freedom Restoration Act. On January 9, 2026, the Texas Supreme Court ruled in a different case that the Commission has no authority under state law to discipline judges who refuse to perform same-sex weddings for moral or religious reasons. The district court entered judgment in favor of Judge Hensley shortly thereafter.
Although the Hensley litigation has concluded, the Commission is still facing a statewide class-action lawsuit on behalf of justices of the peace who were unwilling to perform same-sex marriages and stopped performing weddings entirely to avoid disciplinary action from the Commission. The class action is seeking damages in the tens of millions of dollars for income lost by justices of the peace throughout the state. The case in Brandt v. State Commission on Judicial Conduct, No. 048-374066-26 (Tarrant County).
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About First Liberty Institute
First Liberty Institute is a non-profit public interest law firm and the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.
To arrange an interview, contact John Manning at media@firstliberty.org.
