Texas Judge's New Lawsuit Is the Latest in Fight Against Same-Sex Marriage

February 5, 2026

A Texas judge is calling for the federal judiciary to overrule Obergefell v. Hodges, the 2015 Supreme Court case which recognized gay marriage across the U.S., claiming in a new lawsuit that the "court-invented right to homosexual marriage" is unconstitutional.

The lawsuit was filed December 19 by Waco Justice of the Peace Dianne Hensley against members of the State Commission on Judicial Conduct, who sanctioned Hensley in 2019 for refusing to officiate same-sex weddings, the Texas Tribune reported. Hensley is represented by attorney and former Texas Solicitor General Jonathan Mitchell, known for his role crafting Texas' draconic 2021 abortion ban.

PRO-CHRISTIAN FIRST LIBERTY REPORTS:

Texas Judge Warned After Providing Solution to Ensure that Anyone Who Wants to Get Married Can Get Married

Judge Dianne Hensley is a justice of the peace in Waco, Texas. After the U.S. Supreme Court's Obergefell decision in 2015, all Waco judges and justices of the peace stopped performing weddings due to their religious convictions.

Judge Hensley continued to receive many requests to officiate weddings, so she found a way to reconcile her religious convictions while serving the needs of her community. Her accommodations ensured that anyone who wanted to get married could get married without delay or additional cost. Despite her efforts, she was brought before the Texas State Commission on Judicial Conduct and issued a warning. The Texas Supreme Court ruled in favor of Judge Hensley in June 2024.

The Texan Reports:

For nearly six years, Dianne Hensley has been fighting to defend her right to practice her religious beliefs by not performing same-sex ceremonies as a justice of the peace in McLennan County.

Now her case has been remanded to the trial court level for further proceedings on her claim under the Texas Religious Freedom Restoration Act (TRFRA).

Photo Credit First Liberty