Waco, Texas Justice of the Peace Dianne Hensley (screengrab via First Liberty Institute). The fallout from a Christian web-designer’s victory in the Supreme Court continued as a Texas judge attempted to use the ruling to deny marriage to gay couples. Dianne Hensley, a justice of the peace in Waco, Texas, refused to perform same-sex marriages in 2019 on the grounds that officiating the ceremonies would conflict with her sincerely-held religious belief as a Christian. Hensley was formally warned by the State Commission on Judicial Conduct that she should recuse herself in such matters if she refused to follow the law. Related Coverage: Hensley responded by suing the commission for burdening her free exercise of religion and asking for $10,000 in damages. After the Supreme Court ruled in favor of Lorrie Smith in late June, Hensley’s lawyer submitted a letter brief that argued his client should prevail just as Smith had. Hensley’s attorney, Jonathan Mitchell, acknowledged in the letter that the Court’s holding in 303 Creative v. Elenis had been grounded in First Amendment law, but argued that the ruling should still be “instructive,” because it stands for the idea that wedding vendors should not be compelled to participate in […]
