WACO, Texas — A county judge in Texas has filed a legal challenge after being issued a public warning from the Texas Commission on Judicial Conduct, which recently concluded that she is “casting doubt on her capacity to act impartially” by declining to officiate same-sex ceremonies and rather providing referrals instead.
“It is absurd to equate a judge’s publicly stated opposition to an individual’s behavior as casting doubt on the judge’s impartiality toward litigants who engage in that conduct,” the lawsuit reads.
“It may not be as fashionable to publicly disapprove homosexual behavior as it once was, but that is not a reason to question the impartiality of a judge who openly expresses a religious belief that marriage should exist only between one man and one woman.”
As previously reported, the Commission on Judicial Conduct issued the warning to McLennan County Judge Dianne Hensley on Nov. 12 despite argument from her attorney that the disciplinary action would run afoul of the Texas Religious Freedom Restoration Act.
“The Bible repeatedly and explicitly condemns homosexual behavior,” the letter, signed by attorney Jonathan Mitchell, read in part. “The Bible also warns Christians not to lend their approval to those who practice homosexual behavior. See, e.g., Romans 1:32.
Because of these clear and unambiguous Biblical passages, Judge Hensley will not perform same-sex weddings.”