Newly elected Texas Supreme Court Chief Justice plans to test religious exception order...

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WACO, Texas (KWTX) - Newly elected Texas Supreme Court Chief Justice Maggie Ellis wants to change the rule allowing judges to refuse to perform weddings for same-sex couples on religious grounds, a sharp rebuke to the yearslong battle fought and won by McLennan County Justice of the Peace Dianne Hensley.

Ellis, a Democrat who describes herself as the first openly LGBTQ person elected to statewide office in Texas, told The Dallas Morning News she wants to ensure judges who officiate weddings will perform ceremonies for all couples – without religious exceptions.

Hensley, a Republican, captured national headlines several years ago when she declined to perform marriages for same-sex marriages because of her Christian beliefs. Instead, she compiled a list of officiants wiling to perform same-sex marriages that her staff gave to those wanting her to officiate.

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The State Commission on Judicial Conduct sanctioned Hensley, ruling her decision violated Texas Code of Judicial Conduct canons dealing with judicial fairness and impartiality. She sued the commission, alleging violations of her religious liberties.

In June 2024, the Texas Supreme Court ruled that Hensley’s claims against the commission could proceed and sent the case back to the lower court to consider her claims under the Texas Religious Freedom Restoration Act.

The Texas Supreme Court ruled in January in a different case that the commission has no authority under state law to discipline judges who refuse to perform same-sex weddings for moral or religious reasons.

The final judgment awarded Hensley $10,000 in compensatory damages under the Texas Religious Freedom Restoration Act and required the commission to pay $630,000 for Hensley’s attorneys’ fees.

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It also permanently prohibits the Commission on Judicial Conduct from “investigating, sanctioning, or disciplining Hensley over her refusal to officiate at same-sex weddings on account of her religious beliefs.”

Hensley, who was re-elected Tuesday to a new, four-year term, said Ellis’ intent to change the court’s orders “sounds unconstitutional and tacky to me.” She declined additional comment.

The Dallas Morning New reported Ellis said she wants to work with the other justices on the court to amend the orders to say either judges perform all marriages or none.

The court adopted the rule in October 2025, adding a two-line comment to the Texas Code of Judicial Conduct: “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.”

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“It’s really the wrong direction for our Supreme Court,” Ellis told The Dallas Morning News. “It’s back-door discrimination.”

Hensley was represented by the First Liberty Institute. In a statement issued Friday, president and CEO Kelly Shackelford questioned Ellis’ intentions.

“It’s sad that an incoming Justice’s first public statement is one against religious freedom,” Shackelford said. “We’ve won in litigation on this very issue. Religious freedom and accommodation are fundamental rights rooted in the history and tradition of America. The new Chief Justice is off to a regrettable start. First Liberty stands ready to defend any judge affected by this policy.”

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