Texas Judges Can Now Refuse to Marry Same-Sex Couples
Bad news for LGBTQ+ folks in the U.S. just keep coming, this time from Texas. The state’s Supreme Court has officially ruled that judges can refuse to marry same-sex couples if doing so goes against their “sincerely held religious beliefs.” The decision, signed by all nine Republican justices, was published on October 24 in the Texas Bar Journal and the Texas Register, taking effect immediately.
This ruling amends Canon 4 of the Texas Code of Judicial Conduct, which previously prohibited judges from engaging in activities that could compromise their impartiality. Now, however, the code includes a new line stating that “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.” In other words, judges are being granted an official pass to deny LGBTQ+ couples their right to marry, a right that was nationally recognized back in 2015 with Obergefell v. Hodges.
The change traces back to a 2019 controversy involving Waco Justice of the Peace Dianne Hensley, who refused to officiate same-sex marriages because of her Christian faith. At the time, she received a public warning from the State Commission on Judicial Conduct, which rejected her request for a so-called “religious exemption.” With this new ruling, however, it seems the court has decided to side with her line of thinking, and that’s deeply concerning.
In a statement following the decision, Texas House LGBTQ Caucus Chair Jessica González said she was “disappointed, but not surprised,” calling out the court’s unwillingness to stand up for queer Texans. “Our right to marriage should never depend on someone else’s religious beliefs,” she said, adding that this change will only “further erode civil rights in Texas.”
Political scientist Joel Montfort echoed that sentiment on X, writing, “Texas judges are now legally permitted to deny performing gay marriages as we continue to roll back rights in this country.”
We couldn’t agree more. This ruling marks yet another blow to equality in a state that’s been systematically chipping away at LGBTQ+ rights. It’s a reminder that the fight for full equality—even for rights we thought were settled—is far from over.
Now more than ever, it’s crucial to stay informed, speak up, and support organizations fighting for LGBTQ+ rights in Texas and beyond. From local advocacy groups like Equality Texas to national movements pushing for change, our collective voice and action matter. Progress may feel like it’s slipping away, but together, we can , and will, push back.
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Featured Image: Image via Houston Landing. Photo by Darío De León.
