The Texas Supreme Court has ruled that state judges may now refuse to marry same-sex couples if doing so conflicts with their religious beliefs — a move advocates say greenlights discrimination against LGBTQ Texans. The court amended the Texas Code of Judicial Conduct to state that, “It is not a violation of these canons for a judge to publicly refrain from performing a wedding ceremony based upon a sincerely held religious belief.”
The change follows years of litigation sparked by Jack County Judge Brian Umphress, who argued he should be free to perform only opposite-sex weddings. His case echoed that of McLennan County Justice of the Peace Dianne Hensley, who refused to marry same-sex couples. But legal scholars warn the amendment may not withstand constitutional scrutiny. University of Illinois law professor Jason Mazzone said, “That… is not how equal protection works,” while adding that the change invites future challenges from queer couples denied the right to marry.
