Justice of the Peace Diane Hensley, the Waco, TX-based judge who refused to marry same-sex couples, has launched a class-action lawsuit against the state following a public warning issued to her by the State Commission on Judicial Conduct.
The Houston Chronicle reports Hensley has cited her faith as the basis for her discrimination against performing civil marriage ceremonies for same-sex couples. Earlier this year, the State Commission reprimanded Hensley for her conduct. Now Hensley demands a religious exemption for herself, and for any other judges that refuse to serve queer couples.
Hensley’s lawsuit alleges that the warning issued by the State Commission violates her religious freedom. She seeks $10,000 in restitution as well as a legal precedent that would allow justices of the peace to decline services to queer couples.
Related: Judge who refuses to marry same-sex couples files legal action in Texas
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“I think we all understand there are a lot of really high levels of disagreement on rather eternal matters for everybody on this issue,” said Hensley’s attorney Jeremy Dys. “How do we go forward creating a situation in which people can have their religious convictions without being punished by the State Commission on Judicial Conduct?”
The precedent set by the lawsuit could have far-reaching implications, not just for justices of the peace, but for any judge who requests religious exemption from a case or duty. Should the court find in favor of Hensely, the precedent could strike a critical blow to marriage equality, and the standing of same-sex couples under the law.
Earlier this month, Equality Texas CEO Ricardo Martinez slammed Hensley for her conduct. “These elected officials continue to waste taxpayer money in an obsession to discriminate against gay and transgender Texans. Discrimination of any kind is unacceptable. Their actions are meanspirited, futile, a waste of taxpayer money and most importantly, it’s wrong.”
Man About Town
The answer to Mr. Dys’ question is, we can’t. We CAN’T use our so-called “religious convictions” to justify discrimination. As Ann Landers used to say, this ain’t exactly rocket science, bub!
Sister Bertha Bedderthanyu
From the article: ” Now Hensley demands a religious exemption for herself, and for any other judges that refuse to serve queer couples.”
Honey, I wasn’t onboard with gay marriage either, however I do understand that when you were hired to do a job where the rules and condition of the job are spelled out clearly but you can’t or refuse to follow them then its best YOU leave the job and let some one who understands that have it.
Inspector 57
Amen, Sister Bertha!
PLAYS WELL WITH OTHERS
This miserable prune faced crunt swore an oath to uphold the laws of the jurisdiction. Her failure to stand by the oath she swore to renders her unfit to serve and should be immediately removed…
Kangol2
Your use of “crunt” always makes these threads worth reading! And she is a Christianist crunt if there ever was one.
PLAYS WELL WITH OTHERS
Kangol:. TYVM 🙂
wikidBSTN
What this comes down to is this particular person doesn’t agree with the law; therefore, she believes she doesn’t have to act in accordance with it. Uhm, nope. Doesn’t work that way. Time to find a new job lady.
Inspector 57
What’s next? She’ll refuse to adjudicate for Texans who are Jewish, Muslim, or Hindi? Because, after all, those people are also in direct violation of her Christian beliefs.
MikeM
Or second or third marriages because of divorce. Or for adulterers. She has no legal leg to stand on.
Hussain-TheCanadian
So would she please be kind to inform us if she would preside over a divorce case?
This hatred of our community is disgusting, a petition must be started to remove this judge, her impartiality and judgement is in question because she is answerable to her Christian Sharia beliefs over US laws and hence has no business being a judge and an arbitrator, remove her!!!
DCFarmboy
There is no violation of religious freedom. As Justice of the Peace, she is not being asked to affirm the union is a marriage in the eyes of God. She is being asked to certify the couple meets the requirements of civil law. If they do, she is committing the sin of lying by saying they don’t meet the legal requirements.
Look at it this way, no where in the Christian religion does it say that when a city clerk issues a building permit that meets the building and zoning codes, he is sinning if it for a strip club.
frenchjr25
She knew what the job included before she was elected. She took an oath to defend the Constitution. It sounds as if she purposefully lied when taking it. How is this not grounds for immediate removal?
jaack
Would she claim a religious exemption, not marrying blacks or other ethnicities? Nothing like working the system to try to disguise homophobia. Cherry-picking Old Testament biblical verses have been the fodder of bigots. There is one word of Jesus pressed through out his message to the