A Christian judge in Texas was recently awarded $640,000 after she was targeted by a state agency for refusing to oversee same-sex ceremonies.
Justice of the Peace Dianne Hensley filed suit in December 2019 after the Texas State Commission on Judicial Conduct issued her a public warning for declining to officiate same-sex weddings.
Hensley said she was unable to participate in such ceremonies, citing her Christian faith. The judge notably referred same-sex couples to other officiants and was able to ensure these couples could get married without delay or additional cost. Despite never receiving a complaint from the public, she was warned by the commission.
In a June 19 decision, Travis County Judge Maya Guerra Gamble ruled in favor of Hensley, who claimed the state agency violated her rights under the state’s Religious Freedom Restoration Act. The law protects Texas citizens and organizations from government action that infringes on their sincere religious exercise.
Hensley was awarded the maximum amount in compensatory damages under the Texas Religious Freedom Restoration Act, which is $10,000. The judgment also permanently enjoined the commission from “investigating, sanctioning, or disciplining Judge Hensley over her refusal to officiate at same-sex weddings on account of her religious beliefs” and ordered the commission to pay $630,000 for Hensley’s attorney’s fees.
“Judge Hensley always adhered to the law and the legal guidance provided by the Attorney General of Texas,” said Hiram Sasser, executive general counsel for First Liberty Institute. “We are grateful that this case has concluded and that Judge Hensley was vindicated.”
The judge was represented by legal organization First Liberty Institute. In a video posted by the group, Hensley further explained what led her to file suit. “Because of my Christian faith, I feel — I know I’m not supposed to do weddings for same-sex people,” she said. “But at the same time, I don’t want to be disrespectful or hurt anybody’s feelings.”
Hensley said that after the U.S. Supreme Court’s Obergefell decision in 2015, nearly every judge in the county stopped performing weddings altogether so they wouldn’t be targeted by the commission when they refused to officiate same-sex weddings. Hensley, too, stopped performing weddings for this reason. But after 14 months, Hensley said she felt that was inconveniencing everyone in the county and the situation generally was unfair. “It was better to be able to accommodate who we could,” she said.
First Liberty noted that the commission in Texas is still facing a statewide class-action lawsuit from justices who stopped performing weddings to avoid disciplinary action related to same-sex ceremonies. The suit is seeking damages in the tens of millions of dollars.
Related: Labor Department Launches ‘Center For Faith’ Resources To Combat Religious Discrimination
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