A justice of the peace in McLennan County, Texas, will receive damages and attorney’s fees after the State Commission on Judicial Conduct reprimanded her when she recused herself from officiating same-sex “weddings.”
After recusing herself, Judge Dianne Hensley created a referral list of low-cost local judges who had no objections to officiating these “weddings.”
The Commission issued a public warning against her and cast doubt on her capacity to act impartially.
Judge Hensley is a Christian who believes what the Bible teaches about marriage and sexuality: marriage is the union between one man and one woman, and homosexuality is a sin.
The judge sued the Commission. According to First Liberty Institute, her legal counsel, a lower court denied the Commission’s motion to dismiss the case.
The Texas Supreme Court ruled that Judge Hensley’s lawsuit could go forward and remanded the case to the lower court to hear her religious freedom claim.
According to First Liberty, the state’s highest court ruled in a different case — before the judge’s case was decided — that the Commission on Judicial Conduct can’t discipline judges for refusing to officiate “weddings.” The lower court got the message and ruled in Judge Hensley’s favor.
The final judgement of the lower court: Judge Hensley will receive $10,000 in compensatory damages and $630,000 in attorney’s fees.
The Commission is barred from “investigating, sanctioning, or disciplining Judge Hensley over her refusal to officiate at same sex weddings” because of her religious beliefs.
