News Release
For Immediate Release: 5.30.25
Contact: Peyton Drew, media@firstliberty.org
Direct: 972-941-4453
Texas Appeals Court Sends Waco Judge’s Case Back to Trial Court
Attorneys argue that State Commission on Judicial Conduct violated Judge Dianne Hensley’s religious liberty rights when it issued reprimand.
Austin, TX—The Court of Appeals for the Third District of Texas today ordered the case of Judge Dianne Hensley, who received a reprimand from the State Commission on Judicial Conduct for recusing herself from performing same-sex weddings, back to trial court. In June 2024, the Texas Supreme Court ruled in favor of Judge Dianne Hensley, sending the case back to the lower court to review the merits of her claim that the SCJC violated her sincerely held religious beliefs by issuing the reprimand. First Liberty Institute and Jonathan Mitchell of Mitchell Law PLLC are co-counsel in the case.
“We are grateful to the court for dismissing the Commission’s effort to end this case prematurely,” said Hiram Sasser, Executive General Counsel for First Liberty Institute. “But Judge Hensley deserves to have her case decided once and for all. It’s past time for this case to come to an end so that Judge Hensley can be free to serve her community.”
To ensure all residents of McLennan County have access to low-cost wedding ceremonies, at her own expense, Judge Hensley invested extensive time and resources to compile a referral list of alternative, local wedding officiants. The list included one within walking distance of her office who agreed to reduce the cost of the wedding to the same amount Judge Hensley received and who would do same-sex weddings within the same timeframe as Judge Hensley. Her innovative referral solution provided wedding options after many public officials ceased from officiating any and all weddings. According to Texas law, judges are not required to officiate weddings, but Judge Hensley sought to ensure that those in McLennan County seeking to be married were accommodated, regardless of their sexual orientation. Despite her efforts and no complaints from the public, the State Commission issued a “Public Warning” sanctioning her for the referral solution and accused her of violating certain canons of the Texas Code of Judicial Conduct.
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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 Peyton Drew at media@firstliberty.org.