TLDR: JP refuses to perform same sex wedding.
State Commission on Judicial Conduct seeks to sanction her.
At hearing, Travis County District Judge says the JP doesn't have to do things which are against her deeply held religious beliefs. Orders the state commission to pay $10,000 in compensatory damages and $630,000 in attorney fees and court costs.
Regardless about how one feels regarding same sex marriage, this is a positive for individual liberty because the JP had created a way for same sex couples to tie the knot locally without her involvement.
State Commission on Judicial Conduct seeks to sanction her.
At hearing, Travis County District Judge says the JP doesn't have to do things which are against her deeply held religious beliefs. Orders the state commission to pay $10,000 in compensatory damages and $630,000 in attorney fees and court costs.
Quote:
McLennan County Justice of the Peace Dianne Hensley has prevailed in her lawsuit against the State Commission on Judicial Conduct (SCJC), which issued a "public warning" against her when she declined to perform same-sex ceremonies as part of her duties.
Travis County District Court Judge Maya Guerra Gamble ordered the SCJC to pay Hensley $10,000 in compensatory damages and $630,000 in attorneys' fees and costs.
She also enjoined the commission from "investigating, sanctioning, or disciplining Judge Dianne Hensley over her refusal to officiate at same sex weddings on account of her religious beliefs, regardless of whether Judge Hensley continues to perform marriages for opposite-sex couples."
"Judge Hensley always adhered to the law and the legal guidance provided by the Attorney General of Texas," said Hiram Sasser with First Liberty Institute, a public interest law firm defending religious liberty that represented Hensley. "We are grateful that this case has concluded and that Judge Hensley was vindicated."
Hensley has been engaged in this battle for nearly seven years. In November 2019, the SCJC issued a "public warning" against her for "casting doubt on her capacity to act impartially to persons appearing before her as a judge due to the person's sexual orientation in violation of Canon 4A(1) of the Texas Code of Judicial Conduct."
While Hensley declined to perform same-sex ceremonies herself, she created a referral system for those seeking the services, including one just three blocks from her office for the same price that she charges.
In October, the Texas Supreme Court added a comment to the Texas Code of Judicial Conduct that reads, "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."
https://thetexan.news/judicial/waco-justice-of-the-peace-prevails-in-lawsuit-to-decline-performing-same-sex-ceremonies/article_15fafb29-a21e-47b0-852f-72dd28b47c0c.html
Regardless about how one feels regarding same sex marriage, this is a positive for individual liberty because the JP had created a way for same sex couples to tie the knot locally without her involvement.
“If you’re going to have crime it should at least be organized crime”
-Havelock Vetinari
-Havelock Vetinari