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.
|