The Texas Supreme Court quietly amended its judicial conduct code last week, establishing that state judges may refuse to officiate any wedding ceremony, including for same-sex couples, if it violates their “sincerely held religious beliefs.”
This new comment, added to Canon 4 of the Texas Code of Judicial Conduct, ensures that judges who decline to perform marriages on religious grounds will not face disciplinary action—such as sanctions or warnings—for casting doubt on their impartiality.
The move effectively protects judges who marry heterosexual couples but refuse same-sex couples, a practice that civil rights advocates argue creates a significant barrier to marriage equality in Texas.
This rule change is the culmination of years of legal battles by conservative officials seeking religious exemptions from the 2015 Obergefell v. Hodges ruling that legalized same-sex marriage nationwide.
