Texas Supreme Court allows judges to refuse performing same sex marriages
- On October 24, the Supreme Court of Texas modified Canon 4 of the Texas Code of Judicial Conduct to allow judges to refuse marriages based on sincerely held religious beliefs, with the change taking immediate effect.
- McLennan County judge Dianne Hensley sued the State Commission on Judicial Conduct after being sanctioned for refusing same-sex weddings, while a separate challenge by Brian Umphress and a Fifth Circuit referral pushed Texas Supreme Court review.
- The amendment states that judges may refrain from performing weddings when based on sincerely held religious beliefs, adding to Canon 4 of the Texas Code of Judicial Conduct that this is not a violation of judicial canons and clarifying impartiality rules.
- The change removed the rationale the Commission relied on to punish Hensley, and Judge Hiram Sasser and First Liberty Institute hailed the immediate ruling signed by all nine justices.
- The move comes as the U.S. Supreme Court considers a related petition, with its first conference set for November 7 to review Kim Davis’s challenge to Obergefell v. Hodges.
50 Articles
50 Articles
Texas Judges May Refuse Same-Sex Marriages on Religious Grounds
Texas judges may now decline to perform same-sex marriages if doing so conflicts with their religious beliefs, under an order issued Friday by the Texas Supreme Court. The ruling modifies Canon 4 of the Texas Code of Judicial Conduct, which normally bars judges from allowing outside activities to interfere with their impartiality, reports The Washington Examiner. Eight justices signed the order, making it effective immediately. The decision has …
Texas Supreme Court amends state code to protect judges’ religious beliefs
(The Center Square) – The Supreme Court of Texas has issued issued an order to amend state code to clarify that judges are permitted to refrain from performing weddings based
Court to consider whether to hear challenge to same-sex marriage on Nov. 7. Christofascism Y/N
Court to consider whether to hear challenge to same-sex marriage on Nov. 7 — SCOTUS blog The court is scheduled to consider whether to hear Kim Davis’ challenge to same-sex marriage at their private conference on Friday, Nov. 7. As a general practice,...
The Texas Supreme Court ruled last Friday that judges in the state can now refuse to enter into same-sex couples marriages for religious reasons. While Texas' highest court did not include clear justification in its amendment to the judicial code of conduct, its ruling amended Canon 4 of the State Code of Judicial Conduct and was officially signed. The decision comes after years of debate as to whether Texas judges were forced or not to perform …
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