A judge in Texas who refused to marry same-sex couples has had her lawsuit against the state agency that oversees judicial misconduct thrown out of court. She filed the lawsuit in late 2019 after the agency warned her she needed to change her ways or stop officiating weddings.
Justice of the Peace Dianne Hensley works in Waco, McLellan County. A devout Christian, she filed a class-action lawsuit to enable her, and other justices of the peace in the state, to decline to marry same-sex couples.
Related: Judge who refuses to marry same-sex couples files legal action in Texas
She was backed by the First Liberty Institute, an organization that has helped others to fight to express their religious beliefs. The lawsuit, against the State Commission on Judicial Conduct, was moved to Travis County last year.
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On Monday, the Waco Tribune-Herald reported that Judge Jan Soifer threw the case out of court.
Soifer ruled the State Commission on Judicial Conduct had sovereign and statutory immunity from the claims. She also said Hensley had failed to exhaust other legal avenues before filing her action.
SCOTUS ruled in 2015 that same-sex couples could marry across the US. Some officiants and judges have stepped down from performing marriage ceremonies because they believe having to wed gay couples goes against their religious beliefs.
In fact, it was reported last summer that all but one of the other five McLennan County justices of the peace have stopped doing weddings since the Supreme Court decision.
In Texas, officiating weddings is an optional duty for justices of the peace. Performing them can help those officiating to earn thousands of dollars in extra income.
Between August 2016 and late 2019, Hensley conducted over 300 wedding ceremonies, all for opposite-sex couples. Hensley earned around $25,000 for these duties, according to the Houston Chronicle.
If her office was approached by any same-sex couples, they were given a document explaining her reasoning for declining and providing a list of others who could perform the ceremony.
Related: Our favorite celebrity same-sex weddings and where they married
Hensley made her opposition to marrying gay couples public knowledge. In 2017, she told local news station 25 News KXXV, “I have no desire to offend anybody, but the last person I want to offend is God.”
Hensley’s suit was seeking $10,000 in damages for the money she claims she lost while the commission investigated her. She also wanted a ruling allowing her to continue to refuse to marry same-sex couples. In throwing out the case, Judge Soifer also ordered Hensley to pay court costs associated with her lawsuit.
WillParkinson
Don’t want to do your job? Then get the hell out! Your religion shouldn’t be allowed to impact my life.
Kangol2
No one’s forcing her to marry anyone in a “Christian” ceremony, so if she’s conducting civil ceremonies, she should follow the law or resign if she can’t do her job. Sounds like writing a resignation letter should be the next thing she does!
wikidBSTN
EXACTLY
MacAdvisor
“(T)he last person I want to offend is God.”
If she believes G-d is a person, then she isn’t a Christian.
Invader7
Twat.. Do you job Dianne. You two faced republithug HYPOCRITES cannot choose which laws to obey. You took an OATH to perform ALL ceremonies per state law. You don’t get to choose. I’m offended because you’re a moronic blowhard wasting limited tax payer resources. I bet dollars to doughnuts this piece of work will appeal the decision. They always do, then comes the Go Fund Me page …Because those put upon poor harassed “christians” hate being held accountable. So she’ll try and milk her 15 minutes of fame…
Liquid Silver
If you don’t wish to do the job, you do have the option to go do another. That’s the same as here in Pennsylvania.
You’d rather grandstand. Regrettably, that Bible you like so much has a lot to say about pride. Brush up on that.
Fahd
Separation of church and state: You can’t enjoy the benefits of your government-issued license if you don’t follow the law. She should switch to ministry if she’s sincere and not just fronting for some grandstanding right-wing lawyers trying to erode gay rights.
Openminded
Exactly, If you are taking a taxpayer funded paycheck, you gotta follow the taxpayer’s laws.
Mack
If you work in a church then that’s your right. If you work in the Government-YOU WORK FOR THE PEOPLE-ALL THE PEOPLE, not just those who believes as you.
missvamp
people like her are why i became ordained- to marry anyone who wants to be married in texas. i know this state is filled with people like her! so i can legally married gay couples, same sex, nb, trans- you name it. as long as you can obtain a license- i can marry you. f*ck that bitch & others like her.
stafcoyote
This “Christian” is either a Catholic Recusant or a Nonconformist Protestant evangelical. If a Recusant, let her be charged with the common law crime of Præmunire, the introduction of Papal jurisdiction. If a Protestant nonconformist evangelical, let her be removed from office and barred from ever holding office again.