On Monday, December 22, 2025, LGBTQ Nation reported that a Texas judge is seeking to overturn nationwide marriage equality through a lawsuit filed in federal court. Judge Dianne Hensley of Waco, Texas, argues that the legalization of same-sex marriage, established by the Supreme Court’s Obergefell v. Hodges decision in 2015, is unconstitutional. Hensley contends that the ruling improperly prioritized policy preferences over state law.

Hensley’s legal challenge stems from her long-standing refusal to perform marriages for same-sex couples, citing her Christian beliefs as justification. While continuing to officiate marriages for opposite-sex couples, she claims that state judicial ethics rules requiring impartiality infringe upon her religious freedom.

This legal action follows a similar attempt earlier this year by Kim Davis, a Kentucky county clerk who gained national attention for refusing to issue marriage licenses to same-sex couples after the Obergefell decision. Davis petitioned the Supreme Court to overturn its marriage equality ruling, but her appeal was rejected in November.

Hensley, who has also declined to perform same-sex marriages since the Obergefell ruling, is now directly challenging the legality of same-sex marriage at the federal level. In Texas, justices of the peace have the option to officiate marriages for additional income. Hensley, who was the sole justice of the peace performing marriages in her city, communicated her refusal to same-sex couples through a message stating her religious objections.

In 2018, the Texas Commission on Judicial Conduct investigated Hensley’s policy and issued a warning, citing violations of state rules requiring judicial impartiality. The commission’s stance was that judges who perform marriages must do so for all couples, regardless of sexual orientation.

Hensley countered that the investigation was discriminatory towards her Christian faith and, with the support of the First Liberty Institute, an anti-LGBTQ+ legal organization, and Texas Attorney General Ken Paxton, she initiated legal action. She asserted her right to religious accommodation, stating her desire to avoid offending God.

In October 2025, the Texas Supreme Court altered its rules, potentially allowing judges to decline officiating same-sex marriages based on religious beliefs. However, the Texas Commission on Judicial Conduct clarified that while judges could “opt out” of officiating due to religious beliefs, they could not simultaneously offer to perform marriage ceremonies for heterosexual couples while refusing same-sex couples.

Consequently, Hensley has filed a new lawsuit in federal court in Waco, seeking to prevent the commission from investigating or disciplining her. Her legal representation is led by Jonathan Mitchell, a right-wing lawyer who argues that the Obergefell decision lacks constitutional basis. Mitchell asserts that the commission’s actions against Hensley and other Christian judges are a direct result of the Supreme Court’s recognition of same-sex marriage as a constitutional right.

 

 

Source: LGBTQ Nation