Judge Dianne Hensley

Judge Hensley Ensures All Couples Can Marry

Judge Dianne Hensley has served as a justice of the peace in Waco, Texas since 2015. Since Judge Hensley’s office is just across the street from the local agency where residents obtain marriage licenses, her office receives many requests for weddings. Judge Hensley has been happy to officiate over many couples’ weddings and enjoys being a part of one of the most special days of their lives.

Texas law allows judges and justices of the peace to officiate weddings but does not require them to do so. After the U.S. Supreme Court’s Obergefell decision in 2015, all Waco judges and justices of the peace (including Judge Hensley) stopped performing weddings entirely due to their religious convictions, which made them unable to officiate same-sex weddings. The lack of available local judges forced Waco couples seeking a low-cost wedding officiant to travel farther and incur greater expenses to get married. Some couples called Judge Hensley’s office literally in tears because they could not find an officiant who met their needs.

Judge Hensley wanted to ensure all couples seeking to be married in Waco could get married, including same-sex couples. So Judge Hensley resumed officiating opposite-sex weddings and arranged for a local minister, just blocks away from Judge Hensley’s office, to accept referrals for weddings that Judge Hensley could not officiate, whether for religious or scheduling reasons. The minister graciously provided a discount to couples referred to her by Judge Hensley to ensure the couples could get married at no additional cost.

When Judge Hensley was unable to marry a couple for scheduling or religious reasons, her staff would inform the couple of the accommodation arrangement and refer them to the civil officiant. Multiple couples were accommodated by this system and happily accepted the referral. No one ever complained about Judge Hensley’s referral system. In fact, most couples were grateful for the accommodation, which allowed them to get married without delay or additional cost.

Texas State Commission on Judicial Conduct Issues a Public Warning

The Texas State Commission on Judicial Conduct (CJC) became aware of Judge Hensley’s practice and decided, on its own authority, to initiate a lengthy investigation into her referral system. Judge Hensley had followed the law, come up with an innovative solution to reconcile her religious convictions while serving the needs of her community, and received no complaints about her action. But the CJC still issued a “Public Warning” to her, alleging that her refusal to officiate same-sex weddings and her referrals of couples to a local minister “cast reasonable doubt on [her] capacity to act impartially as a judge.” In response to this warning, Judge Hensley stopped performing weddings entirely.

First Liberty Responds

First Liberty Institute and Jonathan F. Mitchell of Mitchell Law PLLC filed a lawsuit on behalf of Judge Hensley, arguing that Judge Hensley was wrongly punished for her unwillingness to perform same-sex marriages. The attorneys contend that the Commission’s Public Warning to Judge Hensley and its threats of further discipline violate the Texas Religious Freedom Restoration Act (Texas RFRA). The attorneys are seeking to ensure that Judge Hensley is able to continue officiating at weddings while offering her referral system, in accordance with her religious beliefs.

In early 2023, the legal team appealed Judge Hensley’s case to the Texas Supreme Court, which heard the case in October 2023.

Then, in June 2024, the Texas Supreme Court ruled in favor of Judge Hensley.

You can read the court’s decision here, and the concurring opinion here.

“Judge Hensley’s way of reconciling her religious beliefs while meeting the needs of her community is not only legal but should stand as a model for public officials across Texas,” said Hiram Sasser, Executive General Counsel for First Liberty Institute. “This is a great victory for Judge Hensley and renews her opportunity to seek justice under the religious liberty protections of the law.  We appreciate that Justices Blacklock and Devine were willing to rule right now that what the Commission on Judicial Conduct did was unlawful religious discrimination. But we will continue this fight against religious discrimination as long as the Commission insists on their form of a religious test for public office.”

Judge Hensley said, “I am truly grateful to the Supreme Court for giving me the opportunity to continue to stand for religious liberty and the rule of law.”