MCLENNAN COUNTY, Texas (KXXV) — Waco Judge Dianne Hensley filed a federal lawsuit asking the Supreme Court to overturn same-sex marriage rights, sparking criticism from community members.
- Waco Judge Dianne Hensley filed a federal lawsuit on Friday asking the U.S. Supreme Court to overturn the 2015 ruling that legalized same-sex marriage
- Hensley argues the State Commission on Judicial Conduct violated her constitutional rights by disciplining her for refusing to officiate same-sex weddings
- Local LGBTQ+ community member May McDonald, who moved to Colorado, says Hensley's personal beliefs shouldn't interfere with legal contracts between couples and the government
- The Republican Party of McLennan County chair criticized Hensley, saying she should resign and is "doing this for her own vanity" rather than serving the county
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BROADCAST TRANSCRIPT:
A Waco judge is asking the U.S. Supreme Court to overturn the constitutional right to same-sex marriage, filing a federal lawsuit Friday that challenges the landmark 2015 ruling that made marriage equality the law of the land, Obergefell v. Hodges.
Judge Dianne Hensley filed the lawsuit after years of fighting the State Commission on Judicial Conduct over her refusal to officiate same-sex weddings. In the suit, Hensley argues that disciplinary actions against her have violated her constitutional rights under the Free Exercise Clause and the Speech Clause.
The lawsuit asks the court to stop investigations and disciplinary actions related to her refusal to perform same-sex marriages. According to court documents, Hensley has offered referrals to other entities that would perform same-sex ceremonies.
"Judge Hensley acknowledges that she must respect and follow Obergefell's interpretation of the Fourteenth Amendment when deciding cases or controversies," the lawsuit states. "But when Judge Hensley officiates at wedding ceremonies, she is not resolving cases or controversies."
The suit claims no same-sex couple has complained to the state commission about Hensley's referral system.
For some community members, Hensley's religious beliefs are interfering with their rights and livelihoods.
"I don't see how her personal beliefs have much of anything to do with my relationship with my partner and a legal contract between my partner, me and the government," said May McDonald, a member of the local LGBTQ+ community.
McDonald is visiting home for the holidays after moving to Colorado. She said she left Texas after the state legislature made her and other queer families feel unwelcome.
"I can understand not wanting to provide services that you don't agree with, but also this is the job that she signed up for," McDonald said.
Even some Republican leaders are critical of Hensley's actions. The chair of the Republican Party of McLennan County said he believes Hensley should resign.
"She's not serving the county as a judge. She's doing this for her own vanity. I have no respect for her decision to file that suit," he said.
25 News reporter Dominique Leh reached out to Judge Hensley's office, but they said she is out and will return after the holiday.
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