AUSTIN, Texas (KXXV) — A Texas appellate court has ordered a new trial for Judge Dianne Hensley, who was previously reprimanded for refusing to perform same-sex weddings. The Third Court of Appeals in Texas ruled in favor of Hensley, allowing her lawsuit against the State Commission on Judicial Conduct (SCJC) to move forward.
The case had previously been sent back to the lower court by the Texas Supreme Court in June 2024 to evaluate Hensley's claim that the SCJC violated her sincerely held religious beliefs by issuing a public reprimand.
First Liberty Institute and attorney Jonathan Mitchell of Mitchell Law LLP are representing Hensley.
“We are grateful to the court for dismissing the Commission’s effort to end this case prematurely,” Hiram Sasser, Executive General Counsel for First Liberty Institute, said. “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.
In response to her recusals, Hensley created a referral list of local officiants—including one near her office willing to perform same-sex weddings at the same rate and availability—to ensure all McLennan County residents had access to marriage ceremonies. Despite receiving no public complaints, the SCJC issued a public warning, accusing her of violating the Texas Code of Judicial Conduct.
Under Texas law, judges are not required to perform weddings. Hensley maintained she acted within the law while still accommodating couples regardless of sexual orientation.
