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McLennan County judge wins $640,000 judgment after refusing to perform same-sex marriages

A Travis County judge ordered the State Commission on Judicial Conduct to pay McLennan County Justice of the Peace Diane Hensley $640,000 in court costs and compensatory damages.
Judge Dianne Hensley
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MCLENNAN COUNTY, Texas (KXXV) — A Travis County judge ordered the State Commission on Judicial Conduct to pay McLennan County Justice of the Peace Diane Hensley $640,000 in court costs and compensatory damages..

  • Hensley stopped officiating marriages in 2019, citing her Christian faith and the Texas Religious Freedom Restoration Act as protection for her decision not to perform same-sex marriages.
  • The lawsuit was filed in December 2025 after Hensley said she lost more than $60,000 a year since stopping wedding ceremonies due to threats and investigations from the State Commission on Judicial Conduct.
  • The State Commission on Judicial Conduct is still facing a statewide class action lawsuit on behalf of Justices of the Peace who were in the same situation as Hensley.

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McLennan County judge wins $640K in same-sex marriage ruling

BROADCAST TRANSCRIPT:

A Travis County judge has ordered the State Commission on Judicial Conduct to pay McLennan County Justice of the Peace Diane Hensley $640,000 in court costs and compensatory damages after she refused to officiate same-sex marriages, citing her Christian faith and protections under the Texas Religious Freedom Restoration Act.

  • The Commission shall pay compensatory damages to Judge Dianne Hensley in the amount of $10,000.00. See Tex. Civ. Prac. & Rem. Code § 110.005(a)(3).
  • The Commission is enjoined from investigating, sanctioning, or disciplining Judge Dianne Hensley over her refusal to officiate at same-sex weddings on account of her religious beliefs, regardless of whether Judge Hensley continues to perform marriages for opposite-sex couples. See Tex. Civ. Prac. & Rem. Code § 110.005(a)(2).
  • The Commission shall pay Judge Dianne Hensley’s reasonable attorney's fees, court costs, and other reasonable expenses in the amount of $630,000.00.

The lawsuit was filed in December 2025 after Hensley chose to stop officiating same-sex marriages. Under her policy, she would refer same-sex couples to another officiant in McLennan County.

Hensley argued the Texas Religious Freedom Restoration Act protected her right to recuse herself from officiating same-sex weddings. She also said she lost more than $60,000 a year after she stopped performing weddings in 2019 due to threats and investigations from the State Commission on Judicial Conduct.

The Hispanic Republicans of McLennan County responded to the ruling, saying:

"When Diane made her decision not to perform service for a gay couple, I’m sure it was not a complicated decision for her. She is a true Christian Conservative, and that means she holds the line, no matter what. Even under threats, legal attacks, and hate from the Democrats, she held her ground and kept her values front and center. Now, she’s been vindicated and her actions will serve as an example for all Christian Conservatives to follow. We are so proud of her and are glad to call her a friend."

Harold Alexander, who is certified to officiate weddings, said he believes taxpayer dollars should be spent differently.

"We're all people. Why not allow each of us an opportunity to love who we want and who we need and be with them for all our lives. You know, she shouldn't have gotten paid, nor should the lawyer."

Hensley and her lawyer did not respond to requests for comment.

The State Commission on Judicial Conduct is still facing a statewide class action lawsuit on behalf of Justices of the Peace who were in the same situation as Hensley.

Although the Hensley litigation has concluded, the Commission is still facing a statewide class-action lawsuit on behalf of justices of the peace who were unwilling to perform same-sex marriages and stopped performing weddings entirely to avoid disciplinary action from the Commission. The class action is seeking damages in the tens of millions of dollars for income lost by justices of the peace throughout the state. The case in Brandt v. State Commission on Judicial Conduct, No. 048-374066-26 (Tarrant County).
First Liberty Institute

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