This material was originally published by Reform Austin.

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Texas judges who decline to perform wedding ceremonies due to a “sincerely held religious belief” will not face disciplinary action under the state’s judicial conduct rules, the Texas Supreme Court said in a comment added to its judicial conduct code on Friday. 

The comment, effective immediately, amends Canon 4 of the Texas Code of Judicial Conduct, which prohibits judges from actions that interfere with judicial duties. It states: “It is not a violation of these canons for a judge to publicly refrain from performing a wedding ceremony based upon a sincerely held religious belief”.

This comes after the State Commission on Judicial Conduct withdrew a 2019 warning against McLennan County Justice of the Peace Dianne Hensley, who had refused to marry same-sex couples while continuing to wed heterosexual couples. 

The commission had previously said her actions “cast doubt on her capacity to act impartially to persons appearing before her as a judge due to the person’s sexual orientation.”

According to a KERA News report, Hensley, stopped officiating any weddings after the 2015 U.S. Supreme Court ruling in Obergefell v. Hodges, which legalized same-sex marriage nationwide. She resumed performing weddings in 2016, but only for straight couples, referring same-sex couples elsewhere. She later sued under the Texas Religious Freedom Restoration Act, claiming protection for her beliefs.

The rule change also addresses concerns raised by Jack County Judge Brian Umphress, who had sued over potential disciplinary action if he chose to marry only heterosexual couples. Hiram Sasser of the First Liberty Institute, which helped represent Hensley, said the amendment “melts away the reasons the Commission relied on to punish Judge Hensley.” 

Chief Justice Jimmy Blacklock, who has led the court since the case, previously wrote that Hensley treated same-sex couples respectfully by referring them elsewhere: “They got married nearby. They went about their lives. Judge Hensley went back to work, her Christian conscience clean, her knees bent only to her God. Sounds like a win-win.”

KERA News reports that the Texas Supreme Court did not comment further, citing ongoing litigation.

The amendment comes amid a broader context of state actions affecting the LGBT+ community. With Governor Greg Abbott ordering the removal of Pride crosswalks , new laws restricting transgender access to certain public facilities, and prompt administrative changes at Texas A&M following courses on gender identity and sexual orientation.