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November 2, 2025 NEWS DIGEST by Brandon Waltens
The Texas Supreme Court has issued a clarification to the state’s Judicial Code of Conduct, affirming that judges may decline to perform same-sex weddings if doing so conflicts with their sincerely held religious beliefs. The court’s new comment, added to Canon 4, makes clear that “it is not a violation of these canons for a judge to publicly refrain from performing a wedding ceremony based upon a sincerely held religious belief.” The clarification follows years of litigation involving McLennan County Justice of the Peace Dianne Hensley, who was reprimanded in 2019 for performing heterosexual weddings while referring same-sex couples elsewhere. Hensley sued the State Commission on Judicial Conduct, arguing that its interpretation of Canon 4 violated her rights under the Texas Religious Freedom Restoration Act. A related federal case, brought by Jack County Judge Brian Umphress, also challenges the commission’s stance. The Fifth Circuit Court of Appeals asked the Texas Supreme Court to clarify state law earlier this year. Rather than answer the question directly, the court issued this broad update—effectively settling the matter by protecting judges who decline to perform same-sex ceremonies on religious grounds. The updated Canon 4 is
expected to be reposted soon with the new language. FeaturedSecretary of State Jane Nelson filed official responses opposing the Texas GOP’s effort to close the primaries in federal court late Thursday. Nelson’s filings urge dismissal of the GOP’s lawsuit against the State and directly oppose the joint consent judgment Attorney General Ken Paxton and GOP leaders sought earlier this month to close Republican primaries immediately. “This lawsuit is about protecting Republicans’ right to choose their own standard-bearers,” said Texas GOP Chair Abraham George when the party filed the lawsuit. Already implemented in states like New York and Florida, closed primaries would allow only registered Republican voters to select Republican nominees. Currently, Texas operates an open system where any voter—including Democrats—may vote in Republican primary elections. Real TexansNew interviews with REAL TEXANS every Sunday! StateTexas A&M Research VP Finalists Have DEI Backgrounds |