Texas high court updates judicial code, allows judges to opt out of performing same-sex marriages

 November 2, 2025

Buckle up, folks -- Texas just dropped a bombshell on the culture wars with a judicial code change that’s got the progressive crowd clutching their pearls. The Supreme Court of Texas has rolled out an amendment allowing judges to opt out of performing weddings if it clashes with their deeply held religious convictions, as Just the News reports. This isn’t just legalese; it’s a direct shot at the heart of the debate over personal faith versus public duty.

The crux of this story is simple: Texas’ highest court has clarified that judges can refuse to officiate weddings based on sincere religious beliefs without violating state judicial ethics.

This isn’t some random tweak to the rulebook -- it’s a deliberate move by all eight justices of the Texas Supreme Court, who unanimously signed off on the order. The amendment slips a new comment into Canon 4 of the Texas Code of Judicial Conduct, which governs how judges handle activities outside the courtroom. Canon 4 demands that judges avoid any extrajudicial behavior that might question their impartiality, but now there’s a carve-out for faith-based objections to weddings.

Religious Freedom Takes Center Stage

Here’s the meat of the change: “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,” as the new comment states. Well, isn’t that a breath of fresh air in a world where personal convictions are often steamrolled by the woke agenda? It’s a clear signal that Texas isn’t bowing to pressure to force everyone into lockstep conformity.

This update couldn’t come at a more critical time, with two high-profile cases already in the spotlight. McLennan County Justice of the Peace Dianne Hensley and Jack County Judge Keith Umphress have both been reprimanded by the state Commission on Judicial Conduct (SCJC) for refusing to perform same-sex weddings on religious grounds. Their legal battles are now poised to feel the ripple effects of this amendment.

Let’s zoom in on Hensley’s case -- she was slapped with a reprimand in 2019 for allegedly casting doubt on her impartiality under Canon 4. The SCJC didn’t like that she set up a referral program, pointing same-sex couples to nearby low-cost marriage services and even offering to cover extra costs. Her staff can perform marriages, and no one’s griped about the referrals, so why the heavy hand?

Hensley’s Fight for Faith-Based Rights

Hensley’s pushing back hard, suing the SCJC and arguing that their actions violate the Texas Religious Freedom Restoration Act, which shields religious exercise from government overreach. Her legal team at First Liberty Institute notes, “Several members of her staff are authorized to perform marriages and no one has complained about her referral program.” Sounds like a practical solution getting crushed under the weight of ideological bullying.

First Liberty Institute also pointed out that despite Texas law not requiring judges to perform marriages, the SCJC decided to play morality police. They argue the commission overstepped by questioning Hensley’s personal beliefs rather than sticking to the law. That’s a polite way of saying the SCJC might be more interested in virtue signaling than in justice.

Meanwhile, Hensley’s case is heating up with a hearing scheduled for next week. This judicial code change could be the wind at her back, potentially reshaping how her refusal is viewed under state ethics rules. It’s a classic clash of individual rights versus bureaucratic mandates, and Texas seems to be leaning toward freedom.

Umphress Case Adds Another Layer

Then there’s Judge Umphress, who faced a similar reprimand for declining to officiate same-sex weddings based on his faith. His lawsuit against the SCJC was initially tossed by a federal district court on procedural grounds like standing and ripeness, citing the Pullman Doctrine, which urges federal courts to let state courts weigh in first on murky state law issues. But the Fifth Circuit flipped that dismissal in April, sending a key question to the Texas Supreme Court.

The Fifth Circuit wanted clarity: Does Texas law prohibit judges from refusing same-sex weddings on moral or religious grounds if they still perform opposite-sex ceremonies? While the Texas high court hasn’t formally answered, this new comment to Canon 4 pretty much spells it out. It’s a subtle but powerful nudge that faith-based refusals aren’t ethical violations.

The Fifth Circuit’s ruling emphasized, “Because state-court litigation appears unlikely to yield an answer to the crucial threshold question of Texas law, we decline to abstain under Pullman, but, instead, certify that question to the Supreme Court of Texas.” Talk about passing the hot potato -- yet Texas’ justices seem to have already tipped their hand with this amendment. It’s a pragmatic move, cutting through the legal fog with a clear stance.

Broader Implications for Texas Judiciary

This change isn’t just about two judges; it’s expected to influence how the SCJC handles future cases and could even tie into a pending constitutional amendment reshaping the commission itself. Voters will soon weigh in on Proposition 12, among other amendments, to restructure the SCJC. That’s a potential double-whammy for how judicial conduct is policed in the Lone Star State.

Interestingly, the Texas court system has temporarily pulled the Code of Judicial Conduct from its website, leaving some to wonder about the timing. But the message from the justices is loud and clear: religious liberty isn’t just a buzzword -- it’s a principle worth protecting, even in the face of cultural headwinds. This amendment draws a line in the sand, ensuring judges aren’t forced to check their faith at the courthouse door.

At the end of the day, Texas is sending a message that personal conviction still has a place in public life, even if it ruffles some progressive feathers. This isn’t about denying anyone’s rights—it’s about balancing them with the deeply held beliefs of those serving in judicial roles. In a world quick to cancel dissent, that’s a refreshingly fair-minded stand worth applauding.

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