Texas Supreme Court to Hear Case of Christian Judge Who Declined to Perform Gay Weddings

The Texas Supreme Court will hear oral arguments in a case involving Justice of the Peace Dianne Hensley on Oct. 25, 2023. Courtesy of First Liberty Institute

The Texas Supreme Court is set to hear a case involving a Texas judge who was reprimanded in 2019 after she provided “reasonable accommodations” for same-sex couples seeking a courthouse wedding, instead performing the weddings herself.

As a Christian, officiating gay weddings violated her sincerely held religious beliefs.

In 2015, McLennan County Justice of the Peace Dianne Hensley stopped performing weddings altogether following the U.S. Supreme Court’s landmark Obergefell decision that asserted gay marriage was a constitutional right.

In Texas, judges are not required to officiate weddings, but the Supreme Court’s decision means judges who do perform weddings must provide their services for both heterosexual and same-sex couples.

So, Judge Hensley, along with the other justices at the Waco courthouse, chose to stop conducting weddings for about 14 months, attorney Hiram Sasser of First Liberty Institute, a member of Judge Hensley’s legal team, told The Epoch Times.

In August 2016, Judge Hensley resumed performing weddings for straight couples after she came up with an alternative for gay couples, Mr. Sasser explained, adding that her solution was well-received and no complaints were filed.

But less than a year later, in June 2017, a local newspaper article about Judge Hensley prompted the State Commission on Judicial Conduct to conduct a lengthy investigation. In November 2019, following a hearing, the commission issued a “public warning” that Judge Hensley’s position about gay marriage was “casting doubt on her capacity to act impartially to persons appearing before her as a judge due to the person’s sexual orientation.”

The Texas Supreme Court will hear oral arguments in the case on Oct. 25.

Judge Hensley’s Response

After the state agency reprimanded Judge Hensley, she stopped performing weddings—again—and filed a lawsuit against the commission for violating her rights to exercise her religion, citing the Texas Religious Freedom Restoration Act.

The case was moved from McLennan County to Travis County, where it was dismissed for not properly challenging the commission’s warning at the agency level, among other reasons. In November 2022, a Texas Court of Appeals upheld that decision.

Now the state’s highest court will decide whether the judge was wrongly reprimanded.

Judge Hensley is seeking $10,000 in damages and relief from further investigations or penalties if she decides to return to performing weddings for straight couples.

Low-Cost Option for Gay Couples

Mr. Sasser said his client’s office and courtroom were located close to the records building where couples go to obtain their marriage licenses. Judge Hensley noticed a lot of couples requesting a courthouse wedding, but there was no one to perform the ceremony.

“It was bothering her that there were these people that, for whatever financial reasons or other reasons, wanted to be able to have a justice of the peace marry them,” Mr. Sasser said. “So she set out and basically underwent a process: How do I provide these low-cost weddings for the folks [who] are requesting them and still follow my faith?”

After much research and consideration, Judge Hensley came up with a solution she believed would allow her to follow her faith while also serving the needs of the community.

Her lawyer said she began researching officiants in the area and found one just four blocks from the courthouse, but that person charged more than the $100 Judge Hensley charged for a wedding.

“So, Judge Hensley contacted that person and asked, ‘Can I refer people to you? And if I do, I’ll pay the difference for same-sex couples to get married with you,‘” Mr. Sasser explained. “And then that person said, ’No, I‘ll just reduce my fee for anyone you refer.’”

The alternate judge, like Judge Hensley, did not perform same-day weddings. Couples who wanted a justice of the peace wedding would be placed on the schedule, which was typically within a short time period.

She created a document that shared her beliefs and provided information for the nearby judge who agreed to reduce his fee, along with several other options in the area.

“I’m sorry, but Judge Hensley has a sincerely held religious belief as a Christian and will not be able to perform any same-sex weddings,” the document stated, according to court papers filed on Oct. 20.

The solution appeared to be working well until the Waco Tribune-Herald published its article.

Mr. Sasser said the state agency’s decision to launch the investigation was based solely on the newspaper article.

“No one sued her. No one complained,” he said. “They have no problem denying poor people an opportunity to have a justice of the peace wedding.”

‘Reasonable Accommodations’

It is important to note that Judge Hensley’s late older brother, Joe, was gay. He died from amyotrophic lateral sclerosis, known as ALS.

In a nearly 7-minute long video on the First Liberty website, Judge Hensley and Michael, one of her brother’s friends, discuss how she moved him into her home and cared for him until his death. Michael’s last name was not disclosed in the video.

“You opened your house. You let us come in,” Michael said. “It’s not your life. It’s not your style.”

He said Judge Hensley did not have to take her brother in or welcome his friends during the three years before his passing.

“Your choices are good-hearted,” Michael continued. “Your choices were grounded in kindness.”

He said that translated into Judge Hensley’s willingness to make “reasonable accommodations” for same-sex couples who wanted to marry at the courthouse.

Michael said he and his partner were married by a justice of the peace in Dallas County, adding that he would not have asked Judge Hensley to officiate because he respected her beliefs.

“You’ve made reasonable accommodations,” Michael said. “You’re not hostile. You made accommodations. ‘OK, here’s a list. Here’s where you can go.’”

Judge Hensley said her Christian faith prevents her from conducting same-sex weddings.

“I know because of my Christian faith I’m not supposed to do weddings of same-sex people, but at the same time, I don’t want to be disrespectful or hurt anybody’s feelings,” she said. “In McLennan County, when Obergefell was decided, every judge in the county except one JP in West quit doing weddings.”

Judge Hensley said that’s when the list of officiants was created, and it was handed out to everyone who requested a wedding during the time that she was not performing ceremonies.

Later, she decided it would be better to accommodate those she could and give the list to those she couldn’t help.

“You accommodate reasonably,” Michael said. “That’s all you can ask for.”