First Liberty



We just received good news. The Supreme Court of Texas will hear our
case involving Judge Dianne Hensley. First Liberty is representing her
alongside volunteer counsel and former Solicitor General of Texas
Jonathan Mitchell of Mitchell Law LLP.

Arguing this case at the state's highest court is a huge
opportunity. The outcome could set a precedent to protect countless
religious Americans and public employees.

Judge Hensley, like many other Justices of the Peace in Waco and
around Texas, stopped performing weddings after the U.S. Supreme
Court's 2015 Obergefell decision legalizing same-sex marriage.
The advice many judges followed was that, if they had a religious
conviction not to perform same-sex weddings, they could not perform
any weddings.

Judge Hensley, however, continued to receive many requests for
weddings. She came up with an innovative solution that followed the
law and allowed her to reconcile her religious convictions while
serving the needs of her community, and no one complained. But
she's been punished for ensuring that anyone who wants to get
married can get married. She was brought before the Texas State
Commission on Judicial Conduct and was issued a warning.

We filed a lawsuit several years ago alleging that Judge Hensley was
wrongly punished. The case worked its way through the state courts and
it has now reached Texas' highest court.

Judge Hensley has been adhering to the law and the legal guidance
provided by the Attorney General of Texas. She performs all of her
duties according to the law and the canons of ethics.

"Judge Hensley always followed the law," explains Deputy
General Counsel Justin Butterfield. "She sought to follow her
religious beliefs and accommodate everyone, yet the government chose
to punish her."

Because of Judge Hensley, anyone who wants to get married in McLennan
County and Waco can get married.

No judge should have their career ruined for following the rules of
both their faith and the law. It's past time for the courts to
correct this injustice against Judge Hensley. We look forward to
arguing her case before the Texas Supreme Court.

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