Texas judges may now decline to perform same-sex marriages if doing so conflicts with their religious beliefs, under an order issued Friday by the Texas Supreme Court.
The ruling modifies Canon 4 of the Texas Code of Judicial Conduct, which normally bars judges from allowing outside activities to interfere with their impartiality, reports The Washington Examiner.
Eight justices signed the order, making it effective immediately. The decision has been filed with the Texas secretary of state and will appear in both the Texas Bar Journal and the Texas Register.
The move follows growing efforts by state lawmakers to roll back LGBTQ+ protections and challenge same-sex unions in Texas. It also comes as the U.S. Supreme Court considers whether to revisit Obergefell v. Hodges, the 2015 decision guaranteeing same-sex couples the right to marry.
The Texas court’s order stems from a lawsuit by Jack County Judge Brian Umphress, who challenged state sanctions against McLennan County Justice of the Peace Dianne Hensley after she refused to officiate a same-sex wedding in 2019.
The commission later withdrew the sanction, and the court’s new order affirms that judges may opt out of performing weddings on the basis of their faith.
Chief Justice James D. Blacklock and Justices Debra H. Lehrmann, John P. Devine, J. Brett Busby, Jane N. Bland, Rebeca A. Huddle, Evan A. Young, and James P. Sullivan signed the order.
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