Is gay marriage still legal in texas

The Texas Supreme Court is reconsidering the case of a justice of the peace who for years turned away gay couples who wanted to get married even after same-sex marriage was legalized nationwide. Before the justices, Hensley's lawyer argued the commission's sanction of the justice violated the state's special religious freedom law, the Religious Freedom and Restoration Act.

Jonathan Mitchell, a former Texas solicitor general and the conservative lawyer behind the state's " bounty hunter " abortion ban, told the justices that the commission overstepped its authority and that his client lost money as a result of the situation. But the commission's lawyer argued Hensley violated her judicial oath when she chose to discriminate against select Texans.

Lang, a former appeals court justice representing the judicial commission. According to a public warning issued by the commission four years ago, which also cited reports in the Waco Tribune-Herald, Hensley and her staff started turning gay couples away around Augustabout a year after the Supreme Court legalized same-sex marriage nationwide in the landmark ruling Obergefell v.

Though Hensley presided over no marriages between the ruling and that time, according to her initial class-action petitionher lawyer argued the Obergefell case makes room for caveats. The commission, an independent agency responsible for overseeing cases of judicial misconduct, warned Hensley she appeared to be violating state law.

Hensley then sued the commission, arguing the reprimand violated her religious freedoms. Her case was eventually dismissed in appeals court. The state Supreme Court, which is made up entirely of Republicansseveral of whom held on to their seats in the last midterm elections, agreed in late June to hear her appeal.

A few days later, in a separate, widely anticipated decisionthe U. Elenisshould help her case.

Same-Sex Marriage - Is Gay Marriage Legal in Texas?

The commission's lawyer rejected that idea, he said Wednesday, because they involve commercial businesses, not justices of the peace. Still, at least one of the justices Wednesday seemed eager to kick the case to a higher federal court. Greg Abbott, called the case a "very interesting question of constitutional law" and wondered aloud about the appropriate venue for deciding it.

Hiram Sasser, with the Christian conservative legal group the First Liberty Institute, is among the attorneys representing Hensley. In an interview Tuesday, he said the Creative case was instead a good example of how he wants to see the law applied to Hensley's situation. He also defended his client. By referring gay couples to other justices who were more willing to perform weddings for them, she found a way to accommodate both her religious faith and all types of people seeking a low-cost wedding, he said.

It was about her behavior, which he said demonstrated bias. She never received any complaints about turning away same-sex couples, she said. But she couldn't be held responsible for other people's feelings. You can reach him by email at zschermele usatoday. Follow him on X at ZachSchermele. Add Topic. Lang said it was.

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