AUSTIN, Texas — In a notable legal proceeding, Jonathan Mitchell of Mitchell Law LLP presented Judge Dianne Hensley’s case to the Court of Appeals for the Third District of Texas on Thursday. Judge Hensley previously faced censure for choosing not to preside over same-sex marriages, citing her religious beliefs. This hearing follows a June 2024 Texas Supreme Court decision that ruled in her favor, mandating further examination of her objections to the reprimand she received from the State Commission on Judicial Conduct.
The controversy centers around Judge Hensley’s decision to recuse herself from conducting same-sex weddings, a decision she defended by arguing it aligned with her religious convictions. First Liberty Institute, serving as co-counsel, has stood by Hensley, suggesting that her actions were legally justified and potentially a model for other public officials in Texas.
Hiram Sasser, Executive General Counsel for First Liberty Institute, expressed a strong desire for resolution. “It’s past time for this case to come to an end so that Judge Hensley can continue serving her community,” Sasser stated.
In response to the situation and to continue servicing her constituents in McLennan County, Judge Hensley has personally developed a referral system to connect couples with local officiants willing to conduct low-cost weddings, including same-sex ceremonies. This initiative came after a noticeable decline in public officials available for officiating duties. Her list notably includes providers close to her office, who offer services at costs equivalent to hers and within similar time frames.
Despite her efforts to ensure service continuity for all couples, the State Commission issued a public warning against her, claiming she violated certain ethical standards as set by the Texas Code of Judicial Conduct. This sanction came even though there had been no direct complaints from the public regarding her referral practice.
The legal debate touches on broader issues of religious freedom and the duties of public officials, illustrating the tension between personal beliefs and professional responsibilities. Such cases highlight the complex interplay between individual rights and societal duties, a balancing act that continues to challenge legal and ethical boundaries.
As the case progresses, it will likely serve as a precedent for how similar cases are handled in the future, not only in Texas but potentially across the United States.
The First Liberty Institute, a non-profit law firm focusing on the defense of religious freedoms in America, continues advocating for Judge Hensley. For additional comments or interviews regarding this case, the media contact is John Manning at the contact details provided by the organization.
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