Texas Judge Can Refuse to Marry Same-Sex Couples, Court Rules

Ruling in five-year-old case tests limits of religious freedom protections for judges.

Feb. 20, 2026 at 9:24pm

A Texas judge has been granted the right to refuse to marry same-sex couples due to her religious beliefs, according to a ruling by a state court. The case, which has been ongoing for over five years, centers on the limits of religious freedom protections for judges who are otherwise expected to remain impartial.

Why it matters

This ruling represents a significant test of the balance between religious freedom and equal rights, as it grants certain judges the ability to deny services to LGBTQ+ couples on the basis of personal religious beliefs. The decision could set a precedent that impacts marriage equality across the state of Texas.

The details

Judge Dianne Hensley of Waco, Texas, had received a public warning in 2019 from a state commission for only marrying opposite-sex couples. Hensley argued that this violated her religious rights, and a state court judge, Maria Cantú Hexsel, has now ruled in Hensley's favor, rejecting the commission's bid to present the case to a jury.

  • The case has been ongoing for over five years.
  • Hensley received a public warning from the state commission in 2019.

The players

Judge Dianne Hensley

A Texas judge who refused to marry same-sex couples due to her religious beliefs.

Judge Maria Cantú Hexsel

The state court judge who ruled in favor of Hensley, finding that the public warning violated her religious rights.

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What’s next

The ruling could be appealed, and the case may continue to be debated in higher courts, potentially setting a precedent that impacts marriage equality across Texas.

The takeaway

This decision highlights the ongoing tensions between protecting religious freedom and ensuring equal rights, particularly when it comes to the provision of public services. It remains to be seen how this will impact the landscape of marriage equality in Texas going forward.