A Waco justice of the peace has initiated a federal lawsuit targeting the foundational ruling on same-sex marriage in the United States. This lawsuit aims to overturn the 2015 Supreme Court case, Obergefell v. Hodges, which established the legality of same-sex marriage nationwide.
Background of the Lawsuit
Judge Dianne Hensley, who has previously refused to officiate same-sex marriages due to her religious beliefs, filed the suit against the State Commission on Judicial Conduct. The lawsuit contends that the Obergefell ruling fundamentally undermines state law by prioritizing the wishes of unelected officials.
Hensley is being represented by Jonathan Mitchell, an attorney known for developing Texas’ 2021 abortion law that circumvented established protections under Roe v. Wade. Mitchell argues that federal courts lack the authority to create or recognize supposed “fundamental” constitutional rights.
Legal Implications
While the U.S. Supreme Court recently declined to hear a similar case involving Kim Davis, a former county clerk from Kentucky, Mitchell sees potential for this case to reach the high court. He acknowledges that lower courts cannot directly overrule Supreme Court decisions, yet he hopes to raise this issue for further judicial review.
- 2015 – The Supreme Court delivers its decision in Obergefell v. Hodges, legalizing same-sex marriage.
- 2016 – Hensley stops officiating marriages, citing religious objections.
- 2017 – Hensley resumes officiating marriages but only for opposite-sex couples.
- 2018 – The State Commission on Judicial Conduct initiates an inquiry into Hensley.
- 2019 – Hensley receives a public warning for violating judicial conduct canons.
- 2022 – Texas Supreme Court permits Hensley’s case to proceed, leading to the withdrawal of the warning.
State Commission on Judicial Conduct
Earlier in the year, the Texas Supreme Court amended the judicial canons, adding a comment that allows judges to abstain from officiating weddings based on sincere religious beliefs. However, the commission clarified that this does not permit judges to selectively marry only opposite-sex couples.
According to the commission, while Hensley can opt out of officiating certain marriages, she cannot choose to officiate only for heterosexual couples. Mitchell criticized this stance, stating it leaves Hensley vulnerable to potential disciplinary action, similar to that which she faced previously.
Court Demands
The lawsuit, filed in the federal court in Waco, seeks to prevent the commission from investigating Hensley and declares that her constitutional rights have been violated. Mitchell asserts that the court should also use this case as an opportunity to reassess the Obergefell decision, transferring authority over same-sex marriage back to the individual states.
Mitchell emphasized that the implications of the Obergefell decision have resulted in what he describes as oppressive treatment toward judges with religious convictions. He asserts there is no basis in the U.S. Constitution to affirm same-sex marriage as a constitutional right.
