Texas AG won’t defend state agency in gay marriage suit, citing beliefs

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Texas attorney general is declining to defend the state agency charged with disciplining judges in a lawsuit filed by a justice of the peace who was warned over her refusal to marry same-sex couples.

noted that Hensley's actions should be flagged for “casting doubt on her capacity to act impartially to persons appearing before her as a judge due to the person’s sexual orientation,” but it carried no punishment.

Since the landmark Obergefell v. Hodges decision in 2015 made same-sex marriage legal across the U.S., the general practice in Texas has been for judges to either perform all marriages or none at all. But Hensley, a Christian, argued she could continue officiating straight marriages and refer gay couples elsewhere because same-sex marriage conflicts with her personal religious beliefs.

 

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