Name: New Texas judge ability could violate constitution
Uploaded: 2025-11-01T14:01:10.610Z
Duration: 3 min 25 s
Description: A Texas Supreme Court decision last week has made it possible for judges in the state to refuse to perform wedding ceremonies for personal religious beliefs.

A Texas Supreme Court decision last week has made it possible for judges in the state to refuse to perform wedding ceremonies for personal religious beliefs.

Texas

The Texas Supreme Court has updated its Judicial Conduct Code, allowing judges to refuse to perform same-sex marriages based on sincerely held religious beliefs. Legal experts note that while this may not significantly hinder same-sex couples from marrying, it could prompt constitutional questions regarding equal protection under the law.

The ruling comes amid broader changes affecting LGBTQ+ rights in Texas, including recent actions by state lawmakers and the governor. The U.S. Supreme Court is also set to decide whether to hear a related case involving a Kentucky county clerk who refused marriage licenses to same-sex couples.

New Texas judge ability could violate constitution

The Texas Supreme Court updated a ruling to say judges can refuse to perform same-sex marriages due to their religious beliefs. The justices published the change earlier this week. Fox News' Amelia Jones has more on what this means for gay marriage in Texas. Amelia. Steve, I spoke to an expert who specializes in constitutional law. He says this won't necessarily make it more difficult for same-sex couples to get married in Texas as there are options for judges who preside over weddings. But it could raise questions in terms of the constitutional right of equal protection under the law. Judges in Texas can now refuse to perform a marriage for religious reasons after a ruling from the state's highest court. The new addition to the Judicial Conduct Code reads, quote, It is not a violation of these canons for a judge to publicly refrain from performing a wedding based upon a sincerely held religious belief. For years, the topic has been debated after a central Texas judge was disciplined for declining to preside over same-sex weddings. This ruling by the Supreme Court addresses only the narrow issue of does a judge violate the state ethics rules for a judge. David Cole is an attorney who specializes in constitutional law. The new conduct code went into effect immediately. Cole says it might be some time before we see if it has an impact on same-sex couples in Texas finding a judge to marry them. Yeah, if I say go to the guy next door, he can take care of you and the guy is in fact next door and takes care of me. On the one hand, no problem, right? I got married, took me 10 seconds longer than otherwise might have. On the other hand, are we really comfortable with that? This is where Cole says the U.S. constitutional right for equal protection could come into play. It was the basis for landmark cases like Brown v. Board of Education and Obergefell v. Hodges that ruled the fundamental right to get married includes same-sex couples. Cole believes the Obergefell ruling will remain solid within the new judicial conduct code. It's Obergefell rests on other principles, equal protection of the law, treating everybody the same way and a due process right that we have to get married and have that special relationship. Those principles really aren't affected too much by what happens with this kind of religious exemption. The Texas Supreme Court's decision comes at a time of uncertainty for LGBTQ plus people in Texas. Several moves by state lawmakers have brought changes surrounding sexual orientation and gender identity. Earlier this month, Governor Greg Abbott declared that all political ideologies must be removed from roadways. This includes rainbow crosswalks that have become a popular symbol of the pride community. The symbolic value is important because even a relatively trivial distinction that's drawn on the basis of race or affects a fundamental right like getting married, well, that raises some serious questions even if it affects just a handful of people. So it does ultimately come full circle from the political to the legal. Now the U.S. Supreme Court is considering whether or not to hear challenges on same-sex marriage after a case in Kentucky involving a county clerk who refused to give out marriage licenses due to her religious beliefs. The Supreme Court will make a decision on that November 7th.

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