Ruling reopens Dianne Hensley’s lawsuit against State Commission on Judicial Conduct
On Friday (28), the Texas Supreme Court ruled in favor of Dianne Hensley, a justice of the peace in Waco who had been reprimanded for refusing to perform same-sex marriages. The decision reopens Hensley’s lawsuit against the State Commission on Judicial Conduct.
The commission had issued a public warning against Hensley, calling her refusal a violation of judicial impartiality. However, in an 8-1 ruling, the court found that Hensley’s decision not to appeal the warning before filing a civil lawsuit did not prevent her from proceeding with her lawsuit.
“We find that Plaintiff’s action is not barred by her decision not to appeal the Commission’s Public Warning or by sovereign immunity,” wrote Chief Justice Nathan Hecht.
Hensley, represented by attorneys at Mitchell Law LLP and First Liberty Institute, argues that her refusal is protected by the Texas Religious Freedom Restoration Act and is an exercise of her religious beliefs. “She argues that refusing to officiate such marriages does not impede her ability to perform her judicial duties impartially,” her attorney said.
The First Liberty Institute hailed the ruling as a victory for religious freedom. Executive general counsel Hiram Sasser said Hensley’s conduct should serve as a model for public officials balancing personal convictions with judicial duty.
By Ezatamentchy
Source: Maxima
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