Texas Judges Can Refuse Gay Weddings: Ethics, Bias, and the Future of Marriage Equality
The Texas Supreme Court has added a comment to the state’s judicial conduct code, clarifying that judges can decline to perform wedding ceremonies based on sincerely held religious beliefs without violating rules on judicial impartiality. This change, effective immediately, may have implications for gay marriage and a pending federal lawsuit. The modification amends Canon 4 of the Texas Code of Judicial Conduct, which addresses impartiality, in response to a Fifth Circuit Court of Appeals inquiry spurred by a case involving a judge’s refusal to marry same-sex couples. The court’s clarification seemingly addresses concerns raised in the lawsuit, offering protection for judges with religious objections.
John Q. Hosedrinker