Texas’ Supreme Court has clarified that judges are not required to perform same-sex weddings, an issue that had been working its way through the courts.
The order, issued last week, was not an explicit response to any specific litigation, but instead added comment to Canon 4 of the Texas Code of Judicial Conduct.
Canon 4 concerns “Conducting the Judge’s Extra-Judicial Activities to Minimize the Risk of Conflict with Judicial Obligations.”
Some lower courts had interpreted the canon to require judges to perform same-sex weddings if they were also performing heterosexual weddings.
The State Supreme Court’s comment clarifies that “[i]t 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.”
