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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.
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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

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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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Houston Public Media broke the news in Houston, United States on Tuesday, October 28, 2025.
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