Texas high court permits judges to decline same-sex weddings

 October 31, 2025

Hold onto your hats, folks -- Texas just dropped a legal bombshell that’s got everyone from county courthouses to advocacy groups buzzing with opinions.  The Texas Supreme Court rolled out a new interpretation of the Judicial Code of Conduct, giving judges and justices of the peace the green light to refuse performing wedding ceremonies if it clashes with their deeply held religious convictions, as The Hill reports. This isn’t just a footnote; it’s a game-changer in the ongoing clash between personal beliefs and public duty.

The crux of this story is simple: Texas judges can now legally opt out of officiating weddings -- specifically same-sex unions -- without fear of disciplinary action, thanks to a fresh comment in the state’s judicial guidelines.

For years, Texas judges have had the authority to perform marriages, a duty many take on as part of their public service. But tensions have simmered as some, citing religious objections, balked at officiating same-sex ceremonies despite their legality across the state. This issue hit a boiling point with a case involving Jack County Judge Brian Umphress, who feared punishment for refusing to marry same-sex couples while still conducting opposite-sex weddings.

Religious Beliefs vs. Public Service Clash

Umphress took his fight to federal court, arguing that being forced to perform same-sex marriages violated his First Amendment rights. His case landed before the Fifth Circuit Court of Appeals, which sought clarity from the Texas Supreme Court on how state law applies. While the high court didn’t directly answer the federal query, their new rule change seems to settle the matter for Umphress and others like him.

The updated comment in the Judicial Code, tucked under rules about extra-judicial activities, explicitly states it’s not a violation for judges to decline weddings based on sincere religious beliefs. Umphress, for his part, stayed mum when asked for comment, citing ongoing litigation. Smart move, perhaps, but it leaves us wondering how many others will follow his lead.

Now, let’s not pretend this is just a narrow tweak—it’s got broader implications than a Texas-sized ranch. Constitutional law expert Jason Mazzone from the University of Illinois Urbana-Champaign has been tracking this closely, warning that the language could let judges refuse not just same-sex weddings, but even opposite-sex or interracial ones if they claim religious grounds. That’s a Pandora’s box of potential discrimination, even if the intent was to protect personal faith.

Equal Protection Concerns Arise

Mazzone didn’t mince words on the legal risks here, suggesting this could spark future federal lawsuits. He argues that denying a wedding based on sexual orientation might run afoul of the 14th Amendment’s Equal Protection Clause. And to those who say, “Just find another judge,” Mazzone counters, “The fact that there is an alternative does not resolve the equal protection problem.”

That’s a zinger worth chewing on, because it cuts through the idea that a workaround fixes everything. If a public servant can pick and choose who gets service, isn’t that just discrimination dressed up in a robe? It’s a question Texas might have to answer in court sooner rather than later.

LGBTQ advocates, predictably, are up in arms over this decision, and they’ve got a point worth hearing. Brad Pritchett, interim CEO of Equality Texas, didn’t hold back, stating, “No one’s religious freedom should be used as a weapon to harm other individuals.” He sees this as a license to wound, not just to worship, and worries it adds to decades of bias against his community in the Lone Star State.

Advocates Decry Discriminatory Court Ruling

Pritchett’s frustration echoes a larger sentiment that Texas is doubling down on exclusion rather than inclusion. It’s hard to argue with the concern that public officials shouldn’t get a pass to cherry-pick their duties. When did “public servant” start meaning “only for some”?

The Texas ACLU is also keeping a sharp eye on this, with policy strategist Ash Hall calling the ruling flat-out discriminatory. Hall’s take is blunt: a judge’s job is to serve everyone, not just those who fit their personal worldview. It’s a principle that sounds simple but clearly isn’t in practice.

Let’s be real -- Texas isn’t breaking new ground by being a battleground for these cultural debates. The state has long wrestled with balancing individual rights against progressive mandates, often leaning hard into traditional values. This ruling feels like a nod to that legacy, even if it risks alienating a chunk of its citizens.

Future Legal Battles Loom Ahead

Still, there’s a flip side worth considering: shouldn’t folks be free to live by their faith, even in public roles? The Texas Supreme Court seems to think so, carving out this exemption as a shield for conscience. But at what cost to equal access under the law?

Mazzone’s warning about federal challenges isn’t idle speculation; it’s a reminder that this story is far from over. If a judge refuses a marriage for reasons that smell like bias, you can bet a 14th Amendment fight will follow. Texas might have just lit the fuse on a legal showdown.

So here we stand, caught between respecting personal beliefs and ensuring no one’s left out in the cold when it comes to basic rights. This ruling might feel like a win for religious liberty to some, but to others, it’s a step backward in the march toward fairness. Only time -- and likely a federal courtroom -- will tell where Texas lands on this tightrope.

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