Texas Judge Dianne Hensley, a Waco-based justice of the peace, has earned a significant legal victory and settlement after being reprimanded for declining to officiate “same-sex weddings” on account of her Christian faith. The Travis County District Court awarded Judge Hensley the maximum $10,000 in compensatory damages allowed under the Texas Religious Freedom Restoration Act (TRFRA), and $630,000 in attorney’s fees.

Litigated by First Liberty Institute, the court’s judgment order also “permanently enjoins” the Texas Commission on Judicial Conduct “from investigating, sanctioning, or disciplining Judge Hensley” for refusing to officiate “same-sex weddings” even if she performs weddings for opposite-sex couples. 

After the 2015 Obergefell opinion where the U.S. Supreme Court held states cannot bar “same-sex marriage,” Judge Hensley politely recused herself from officiating “same-sex weddings” and developed a marriage-referral system to refer same-sex couples to other officiants. In 2018, the Commission issued her a public warning stating her referral system “cast doubt” on her impartiality as a judge. Judge Hensley continued her referral system and sued the Commission arguing the sanction violated her sincerely held religious beliefs under TRFRA.

In January 2026 as part of a separate lawsuit, the Texas Supreme Court clarified that state judges can publicly refrain from officiating “same-sex-weddings” based on their sincerely held religious beliefs. All nine Texas Supreme Court Justices certified an amendment to the state’s Code of Judicial Conduct that says declining to perform a wedding based on a sincere religious belief does not violate the state’s rules on judicial impartiality.

The Texas Supreme Court ruling decisively rendered the Commission without any authority to discipline judges who decline to officiate “same-sex weddings” on religious grounds whereby the district court found in favor of Judge Hensley. 

With Judge Hensley’s case concluded, the state’s Commission still faces a class-action lawsuit from other justices of the peace with the same religious objections and who are avoiding officiating weddings altogether to avoid disciplinary action from the Commission. The class-action lawsuit is seeking “tens of millions of dollars” in damages for the lost income by the judges throughout Texas.

Liberty Counsel Founder and Chairman Mat Staver said, “This common sense judgment from the Travis County District Court affirms that judges have the same religious freedoms and protections as every other citizen. Religious beliefs do not necessarily impede the ability to be impartial. Obergefell v. Hodges does not override the First Amendment and make involvement in ‘same-sex weddings’ a requirement for judges. The state cannot compel judges to violate their religious beliefs.”