Texas judge who refused to marry gay couples wins $640k in lawsuit

Earlier this week, a Texas judge ruled that the State Commission on Judicial Conduct could not enforce disciplinary action against a Waco justice of the peace for refusing to perform same-sex wedding ceremonies, as reported by NPR/PBS affiliate Kera News.

Travis County Judge Maya Guerra Gamble, a Democrat, awarded McLennan County Justice of the Peace Dianne Hensley $10,000 in damages and $630,000 in attorney’s fees on the grounds that the commission infringed on Hensley’s religious liberty rights. Gamble’s ruling stated the state agency did not have a right to “investigate, sanction, or discipline” her for refusing to officiate same-sex weddings due to her Christian beliefs.

Hensley argued that her decision not to perform the ceremonies for LGBTQ+ couples did not truly affect their right to get married, since other local judges would still do so, and also noted that justices of the peace in Texas aren’t required to officiate weddings.

“I was just accommodating people who called needing a low-cost wedding, and it's been long enough now we don't get many calls anymore,” Hensley said. “So, unless we start getting a lot of demand, I may not.”

She also expressed she was satisfied with Gamble’s ruling. “I think the agency overstepped itself, and what we saw was their bias on the issue and not the law.”

Judge Maya Guerra Gamble and Justice of the Peace Dianne HensleyMayaGuerraGamble.com; First Liberty Institute

The case actually dates back to 2015, when the U.S. Supreme Court’s decision on the Obergefell v. Hodges case made same-sex marriage legal throughout the nation. After the landmark ruling, some judges chose to officiate all marriages, regardless of the couples’ sexual orientation, or not to officiate any.

Initially, Hensley chose not to continue officiating weddings at all, but then in 2016 decided to perform weddings again – but for straight couples only. According to court documents, Hensley did refer same-sex couples to another judge or other local officiants.

After the judicial conduct commission discovered this, it launched an official inquiry into Hensley’s policy and issued a public warning to her. In response, Hensley filed a lawsuit against the commission over the disciplinary action, arguing that her actions were protected by the Texas Religious Freedom Restoration Act, which prohibits restrictions that substantially affect an individual’s right to religious freedom.

In 2024, the commission dismissed Hensley’s sanction, noting that none of its current commissioners were employed at the agency when she was reprimanded, and therefore should not be financially responsible for paying damages. In May 2025, Austin’s Third Court of Appeals ruled Hensley’s suit could move forward in Travis County District Court, which ultimately concluded with Gamble’s ruling this week.

"People cannot be made — cannot be forced into participating in things that they have a religious disagreement with," said attorney Hiram Sasser of First Liberty Institute, a conservative law firm that helped represent Hensley.