Please Pray: We’re Arguing a Major Case at the Texas Supreme Court

October 20, 2023
Judge Hensley | First Liberty Insider

by Jorge Gomez • 3 min read

Later this month, First Liberty will be at the Supreme Court of Texas. We’ll be arguing our case involving Judge Dianne Hensley on Oct. 25. We are representing her alongside volunteer counsel and former Solicitor General of Texas Jonathan Mitchell of Mitchell Law LLP.

Arguing this case at the state’s highest court is a huge opportunity. The outcome could set a precedent to protect countless religious Americans and public employees.

Judge Hensley, like many other Justices of the Peace in Waco and around Texas, stopped performing weddings after the U.S. Supreme Court’s 2015 Obergefell decision creating same-sex marriage. The advice many judges followed was that if they had a religious conviction not to perform same-sex weddings, their only option was to not perform any weddings.

Judge Hensley, however, continued to receive many requests. She came up with an innovative solution that followed the law and allowed her to reconcile her religious convictions while serving the needs of her community. And no one complained. But she’s been punished for ensuring that anyone who wants to get married can get married. She was brought before the Texas State Commission on Judicial Conduct and was issued a warning.

We filed a lawsuit several years ago alleging that Judge Hensley was wrongly punished. The case worked its way through the state courts and it has now reached Texas’ highest court.

Judge Hensley has been adhering to the law and the legal guidance provided by the Attorney General of Texas. She performs all of her duties according to the law and the canon of ethics.

Because of Judge Hensley, anyone who wants to get married in McLennan County and Waco can get married.

Watch Senior Counsel Jeremy Dys explains why Judge Hensley is perfectly within her rights to provide a solution for the citizens of Waco that satisfies both their wishes and her religious convictions:

No judge should have their career ruined for following their faith and the law. It’s past time for the courts to correct this injustice against Judge Hensley. We look forward to arguing her case before the Texas Supreme Court.

Like so many of our legal battles, this is a tremendously important case. The outcome could have huge impact. We’ve been fighting this in court for many years. This is our opportunity to finally bring the state’s injustice to a close. Winning could bring huge relief to Judge Hensley and countless public employees.

Please pray for our legal team as they prepare for the upcoming argument. Our court date is right around the corner. We appreciate your encouragement and support.

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