Texas Supreme Court Allows Judges to Refuse Same-Sex Marriages

AUSTIN, Texas — The Texas Supreme Court has ruled that state judges may refuse to perform same-sex marriage ceremonies if doing so violates their religious beliefs, a decision that immediately sparked concern from LGBTQ+ advocates and civil-rights groups.

The order, issued Friday, amends the Texas Code of Judicial Conduct to state:
“It is not a violation of these canons for a judge to publicly refrain from performing a wedding ceremony based upon a sincerely held religious belief.”

The ruling means judges in Texas can decline to officiate same-sex weddings without facing disciplinary action, though they remain required to issue marriage licenses as mandated by federal law.

Background

Same-sex marriage has been legal nationwide since the U.S. Supreme Court’s 2015 Obergefell v. Hodges decision. Many Texas judges perform civil marriages as part of their public duties, though officiating ceremonies is not legally required.

The Texas court offered no additional written explanation or guidance with the announcement.

Reaction

LGBTQ+ legislative leaders and advocates condemned the ruling, warning it could allow unequal treatment of couples seeking to wed in rural or conservative counties.

“This decision sends a dangerous message that discrimination can be sanctioned under the guise of religion,” said one member of the Texas House LGBTQ Caucus. “Access to marriage should not depend on a judge’s personal beliefs.”

Supporters of the rule change argue it strengthens religious liberty protections for public officials.

Faith-based legal advocates praised the move as a victory for First Amendment rights, saying judges should not be compelled to participate in ceremonies that conflict with their religious convictions.

Impact for Texans

The ruling may complicate the process for same-sex couples planning civil ceremonies, particularly in smaller counties where fewer judges are available.

County clerks are still obligated to issue marriage licenses to all qualified couples, but couples may now need to seek alternative officiants if a judge refuses to perform their ceremony.

Legal experts note the ruling could open the door to future challenges testing the boundaries between religious liberty and equal-protection rights.

Next Steps

Advocacy organizations say they are reviewing the decision and exploring possible legal and legislative remedies. Local governments and county offices may also soon issue guidance to ensure couples know their options.

As of now, the U.S. Supreme Court’s legalization of same-sex marriage remains in force nationwide, and same-sex couples retain the right to marry in Texas — but access to a judge who will officiate the ceremony may now vary by jurisdiction.