In a legal battle that has captured national attention, Judge Dianne Hensley of Waco, Texas, is pressing forward with her lawsuit against the State Commission on Judicial Conduct, despite the commission’s decision to withdraw a public ethics warning against her. The case centers on Hensley’s refusal to officiate at same-sex weddings, an action she claims infringes on her religious rights as a Christian.
In her recent filing to the Texas Third Court of Appeals, Judge Hensley affirmed that the commission’s about-face last month—rescinding the 2019 warning—does not nullify her lawsuit, which seeks protection from future sanctions. Hensley, who has served as a justice of the peace in Waco since 2015, asserts that her lawsuit is based on the belief that judges should be allowed to exercise religious freedoms without fear of punitive actions from the state commission.
Her lawyer, Jonathan Mitchell, stated that the commission’s withdrawal of the warning “does not acknowledge that judges in Texas may lawfully choose to officiate only at opposite-sex weddings without fear of discipline.” The lawsuit, which was revived by the Texas Supreme Court in June, is not aimed at overturning the rescinded warning but rather at preventing similar future sanctions, ensuring religious freedoms for judges.
The Texas Commission on Judicial Conduct had initially sanctioned Hensley in 2019, claiming her refusal to officiate same-sex weddings raised concerns about her ability to serve impartially, especially regarding individuals based on sexual orientation. The commission also warned that her actions could undermine the public’s trust in her impartiality as a judge.
While the commission withdrew the public warning after new members were appointed, Hensley’s attorney argues that this decision does not erase the ongoing threat of future disciplinary action. He contends that the commission’s decision to dismiss the complaint does not address the underlying issue of religious freedom that Hensley is asserting in her lawsuit.
The judicial commission has opposed the continuation of the lawsuit, with its lawyer, Douglas Lang, calling Hensley’s lawsuit a “license to discriminate.” In response, Hensley’s legal team maintains that the case is not about discrimination, but rather about the constitutional right to practice religious beliefs in professional duties.
Judge Hensley’s lawsuit has wide-reaching implications for the intersection of religious rights and judicial conduct, particularly in the context of same-sex marriage. With many judges across the state of Texas holding diverse views on marriage and religious freedoms, this case will likely serve as a landmark decision in future legal disputes surrounding similar issues.
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