Texas Supreme Court to hear same-sex marriage case

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Waco Justice of the Peace Dianne Hensley is suing the state so she does not have to perform weddings for same-sex couples. Her case, which will be heard at...

McLennan County Justice of the Peace Dianne Hensley says she’s protected by a state religious freedom law. After losing in the appeals court, her case will be heard by the Texas Supreme Court this week.

Hensley’s office has been at least partially renovated after repeated flooding from the first-floor bathrooms. A small cross adorns one wall. The opposite wall features pictures of her children and 16 grandchildren and great-grandchildren.The small room’s most imposing feature is a bookcase that holds dozens of inquest books. With no county medical examiner, Hensley said much of her time is spent chronicling local deaths. She has averaged 200 deaths a year, 70% of which occur at night.

After she spoke with the local paper about her weddings policy in 2017, the State Commission on Judicial Conduct launched an inquiry. In November 2019, after a hearing, it issued a public warning that said Hensley’s conduct cast doubt on her capacity to act impartially when it came to someone’s sexuality., a state law that says a government agency can’t “substantially burden a person’s free exercise of religion” unless it “is in furtherance of a compelling governmental interest.

She ran for Texas House in 1996 and again in 2000, challenging fellow Republican Dennis Bonnen from the right. She failed both times, and Bonnen went on to serve as House speaker beforeto testify in favor of changing the Texas Constitution to define marriage as between one man and one woman.

She described “sequelae” as, “The medical after-effects of what you’ve done. So, you have wide — much greater issues, medically.” Asked to clarify once more, she said she believes gay people experience “a higher incidence of STDs.” “When Michael got married, he did not call me to because he respected my faith,” Hensley said. “I think that’s how most people are. Most people just want to live and let live.”

“The Commission will stand up and argue for the preservation of the compelling interest to assure judges’ impartiality and support Texas citizens’ trust in the impartiality of the judiciary,” Lang said.

 

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