Texas judge asks federal court to end marriage equality nationwide - LGBTQ Nation
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Texas judge asks federal court to end marriage equality nationwide - LGBTQ Nation
"A Texas judge is asking a federal court to overturn marriage equality in the U.S., arguing in a lawsuit filed on Friday that marriage for same-sex couples is unconstitutional because it was legalized in a decision that "subordinat[ed] state law to the policy preferences of unelected judges." The case involves Judge Dianne Hensley of Waco, Texas, who has been involved in years of legal proceedings to try to win the right to not perform marriages for same-sex couples while still performing them for opposite-sex couples."
"Hensley refused to perform marriages for same-sex couples for years after Obergefell legalized marriage in her state, performing around 70 opposite-sex marriages. Any same-sex couple that asked her to perform their marriage - she was the only justice of the peace performing marriages in her city - got a message that read, "I'm sorry, but Judge Hensley has a sincerely held religious belief as a Christian, and will not be able to perform any same-sex weddings.""
Judge Dianne Hensley of Waco, Texas filed a federal lawsuit seeking to overturn nationwide marriage equality, arguing that the Obergefell decision subordinated state law to unelected judges' policy preferences. Hensley has refused to officiate same-sex marriages since Obergefell while continuing to perform about 70 opposite-sex marriages. She asserts a Christian religious objection and challenges state judicial ethics rules requiring impartiality. The Texas Commission on Judicial Conduct opened an investigation into her refusal in 2018. Hensley is asking federal courts to end marriage rights for same-sex couples and seeks legal exemption from performing those ceremonies.
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