Texas Supreme Court permits judges to decline officiating same-sex marriages
AUSTIN, TEXAS - Texas judges and justices of the peace who perform weddings can now legally refuse to officiate ceremonies based on a “sincerely held religious belief” without facing disciplinary action, according to a new interpretation of the Judicial Code of Conduct from the Texas Supreme Court. The court issued the clarification on Oct. 24, stating, “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 update came after a federal appeals court sought guidance from the Texas Supreme Court on state law earlier this year. The inquiry stemmed from a lawsuit filed by Jack County Judge Brian Umphress, who argued that being required to officiate same-sex marriages would violate his First Amendment rights. While the state court did not formally answer the federal court’s question, the new code comment effectively resolves the issue raised in Umphress’ case. Constitutional law experts, however, warn that the ruling’s broad language could allow judges to refuse other weddings, including interracial marriages. Critics, including LGBTQ advocates, argue the decision entrenches discrimination and raises potential conflicts with federal equal protection guarantees. The Texas ACLU said it is monitoring the situation closely.
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