Texas Judge Awarded Damages in Religious Freedom Lawsuit Over Wedding Referrals

Court Permanently Bars Judicial Commission From Disciplining Judge for Declining Same-Sex Weddings

Austin, Texas — A Travis County district court has awarded a Texas justice of the peace $10,000 in damages and $630,000 in attorney's fees after finding that disciplinary action taken against her for declining to officiate same-sex weddings violated the Texas Religious Freedom Restoration Act.

The judgment also permanently prohibits the Texas State Commission on Judicial Conduct from investigating, sanctioning or disciplining McLennan County Justice of the Peace Dianne Hensley for refusing to officiate same-sex weddings while continuing to perform opposite-sex weddings.

The court awarded Hensley the maximum compensatory damages available under the Texas Religious Freedom Restoration Act.

Dispute Began After Wedding Referral Policy

The legal dispute traces back to the U.S. Supreme Court's 2015 decision in Obergefell v. Hodges, which recognized a constitutional right to same-sex marriage.

According to the lawsuit, Hensley initially stopped performing all weddings because of her Christian beliefs. She later resumed officiating weddings for opposite-sex couples while declining to perform same-sex ceremonies. Instead, she referred same-sex couples to other local officiants, including a nearby wedding chapel.

In 2019, the Texas State Commission on Judicial Conduct issued Hensley a public warning, concluding that her referral system cast doubt on her impartiality and violated Canon 4A(1) of the Texas Code of Judicial Conduct, which governs judges' extra-judicial activities.

Hensley subsequently sued the commission, arguing the disciplinary action substantially burdened her religious exercise in violation of state law.

Texas Supreme Court Clarified Judicial Rules

The district court's ruling follows a separate January 2026 decision by the Texas Supreme Court addressing judges who decline to perform same-sex weddings because of sincerely held religious beliefs.

In that case, the state's high court clarified that judges may publicly refrain from officiating such ceremonies on religious grounds. The justices also approved an amendment to the Texas Code of Judicial Conduct stating that declining to perform a wedding based on sincere religious beliefs does not, by itself, violate judicial impartiality rules.

Following that decision, the district court concluded the judicial commission lacked authority to discipline Hensley for her wedding referral policy.

Claims Raised in the Lawsuit

Hensley's lawsuit asserted three legal claims. She alleged the commission violated the Texas Religious Freedom Restoration Act by substantially burdening her religious exercise without a compelling governmental interest. She also sought declarations that her referral system complied with Texas law and that the commission exceeded its authority by pursuing disciplinary action against judges who recuse themselves from same-sex weddings for religious reasons.

The complaint additionally sought to certify a class of Texas justices of the peace seeking similar declaratory relief regarding wedding recusals based on religious beliefs.

Related Litigation Continues

Although Hensley's case has concluded, related litigation remains pending.

According to the case information, the judicial commission continues to face a proposed class-action lawsuit brought by other Texas justices of the peace who raise similar religious objections. The plaintiffs allege they stopped officiating weddings altogether to avoid possible disciplinary action and are seeking damages for lost income.

Liberty Counsel founder Mat Staver praised the ruling, saying, "This common sense judgment from the Travis County District Court affirms that judges have the same religious freedoms and protections as every other citizen."

The judgment resolves Hensley's individual claims while leaving broader questions raised in the proposed class action for future litigation.