Texas judge refusing to marry gay couples goes before state supreme court

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Texas Supreme Court justices heard arguments Wednesday in the case of a Waco judge who refused to marry same-sex couples. It is unclear when the high court will issue a ruling.

McLennan County Justice of the Peace Dianne Hensley has waged a battle against the State Commission on Judicial Conduct after it issued a public warning against her for refusing to perform same-sex marriages., The Texas Tribune’s daily newsletter that keeps readers up to speed on the most essential Texas news.

The state’s highest civil court heard oral arguments Wednesday after an appeals court affirmed a lower court’s decision to Mitchell further argued that state law protects people’s religious freedom unless there is a “furtherance of a compelling governmental interest.” He also said it prohibits wedding officiants from discriminating based on race, national origin or religion.

One justice asked Lang what the difference was between Hensley’s case and instances of a judge stating their stance on an issue while campaigning for their seat. Lang said it was not an issue that Hensley had talked about, but her actions — which is what was sanctioned.

 

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