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Texas Judge Makes Case to Court Again

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April 23, 2025

News Release
 For Immediate Release: 4.23.25
Contact: John Manning, media@firstliberty.org
Direct: 972-941-4453 

Texas Judge Makes Case to Court Again
Attorneys argue that Judge Dianne Hensley acted in full compliance with the law when recusing herself from conducting same-sex weddings.

Austin, TX—Jonathan Mitchell of Mitchell Law LLP argued before the Court of Appeals for the Third District of Texas today on behalf of Judge Dianne Hensley, who received a reprimand from the State Commission on Judicial Conduct for recusing herself from performing same-sex weddings.  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 is co-counsel in the case.

“Judge Hensley deserves to have her case decided once and for all,” said Hiram Sasser, Executive General Counsel for First Liberty Institute. “Her way of reconciling her religious beliefs while meeting the needs of her community is not just legal but should be a model for public officials across Texas. 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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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 or by calling 972-941-4453.

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