Legal Challenge to Marriage Equality
A Texas judge who has declined to conduct weddings for same-sex couples has initiated legal action in federal court, aiming to reverse the nationwide recognition of marriage equality. The lawsuit was submitted on Friday against the State Commission on Judicial Conduct.
In the filing, the judge argues that the 2015 Supreme Court decision in Obergefell v. Hodges, which legalized same-sex marriage across the country, may be unconstitutional. According to The Texas Tribune, the document states, "the federal judiciary has no authority to recognize or invent ‘fundamental’ constitutional rights."
Jonathan Mitchell, representing the judge, acknowledged that federal courts lack the power to overturn marriage equality directly. However, the legal team hopes the case will eventually reach the U.S. Supreme Court for consideration.
Background and Judicial Conduct
Following the Obergefell ruling in 2015, the judge ceased performing all wedding ceremonies, citing conflicts with conservative Christian beliefs. In 2016, the judge resumed officiating marriages for opposite-sex couples while providing same-sex couples with referrals to other officiants, sometimes located in distant cities.
The State Commission on Judicial Conduct launched an investigation into these actions in 2018, concluding the following year with a reprimand. The commission warned that the judge might not remain impartial in cases involving sexual orientation.
In response, the judge filed a lawsuit against the commission, alleging violations of religious freedom rights under Texas law, and again stopped performing marriages. A trial court dismissed the suit, and the Texas Court of Appeals upheld that decision in 2022, citing sovereign immunity and the commission's lawful authority.
Recent Developments and Rule Changes
In October, the Texas Supreme Court revised the judicial code of conduct, adding a provision that allows judges to abstain from performing wedding ceremonies based on sincerely held religious beliefs. This change permits state judges to refuse to officiate same-sex weddings.
However, in a December filing, the State Commission on Judicial Conduct clarified that this rule does not authorize judges to continue performing opposite-sex weddings while rejecting same-sex couples. The commission wrote, "The comment only gives a judge the authority to ‘opt out’ of officiating due to a sincere religious belief, but does not say that a judge can, at the same time, welcome to her chambers heterosexual couples for whom she willingly offers to conduct marriage ceremonies."
Similar Cases and Legal Strategy
The new lawsuit seeks to bypass previous legal disputes by directly challenging marriage equality. This approach mirrors the case of Kim Davis, a Kentucky county clerk who was sued for refusing to issue marriage licenses to same-sex couples. Davis appealed to the Supreme Court, including a petition to overturn Obergefell, but the court declined to hear the case in November.
