MCLENNAN COUNTY, Texas — Waco Justice of the Peace Dianne Hensley is speaking publicly for the first time since a legal battle over her refusal to officiate same-sex marriages began seven years ago — a fight that ended with a Supreme Court issuing a final judgement in her favor.
- Waco Justice of the Peace Dianne Hensley stopped officiating all weddings in 2015 after the Supreme Court's <i>Obergefell v. Hodges</i> ruling conflicted with her Christian faith.
- In 2019, Hensley filed a lawsuit alleging the State Commission on Judicial Conduct violated her rights under the Texas Religious Freedom Restoration Act.
- The Supreme Court issued a final judgement in Hensley's favor in June, resulting in a $640,000 settlement that an LGBT advocate criticized as a poor use of taxpayer dollars.
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BROADCAST TRANSCRIPT:
Hensley took office in 2014 as Justice of the Peace for Precinct 1. In 2015, the U.S. Supreme Court's ruling in Obergefell v. Hodges guaranteed same-sex couples the right to marry — a decision that conflicted with Hensley's Christian faith. She responded by stopping all wedding ceremonies entirely.
"I do think Obergefell was wrongly decided. But that aside, I'm a justice of the peace. I'm not a constitutional lawyer. I was just trying to get you off my toes. The fact that you extended the rights to the gay community does not abrogate my religious liberty rights, and that was my only point is here's a list of people who can, I can't," Hensley said.
Hensley said she was not alone in her response to the ruling.
"Basically 80% of the judges in the state quit doing weddings when Obergefell came out, and I don't think that's helpful to anybody," Hensley said.
When same-sex couples came to her office, Hensley said she referred them to other officiants.
"Whenever somebody wanting a same-sex wedding came in, I just tell them that I can't do it because of my faith, but I've got a list of people who can accommodate you, and we never had a complaint," Hensley said.
The State Commission on Judicial Conduct eventually reached out to Hensley. In 2019, she filed a lawsuit alleging her rights under the Texas Religious Freedom Restoration Act had been violated.
"I'm a Christian, but an Orthodox Jew, a Muslim, they're not gonna do a same-sex wedding. So you have essentially made religious requirement to hold office and both the US Constitution and the Texas Constitution expressly state that there will never be a religious test to hold office in this state or in the United States," Hensley said.
The Supreme Court issued a final judgement in Hensley's favor in June 2026. In previous coverage, the Hispanic Republicans of McLennan County expressed support for Hensley and the outcome. An LGBT advocate, however, argued the $640,000 settlement was not a good use of taxpayer dollars.
When asked to respond to that criticism, Hensley said she agreed the money should not have been spent.
"I agree, and the commission should not have started this," Hensley said.
Hensley said her attorneys reduced their billable amount to help settle the case.
"But RFRA has a statutory penalty for violating it, which is 10,000. So there was never anything else in play in that case because that was the statute that we challenged under and actually my attorneys wrote down 35% of their fees ....This was actual hours worked, and these attorneys have hundreds of hours in this case," Hensley said.
Hensley said she also plans to join a class action lawsuit involving judges in a similar position. She said she would consider officiating weddings again next year.
Hensley reflected on the public response to her case over the years.
"95% of the comments that came in here started with the premise, 'if you can't do your duty', it's not my duty, it's no judge's duty, it's something you're authorized to do," Hensley said.
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