Judge refuses same sex marriages

I’d like to hear your thoughts on this. A judge who performs marriages refuses to perform same-sex marriages. She does direct applicants to a different judge down the road.

https://www.houstonchronicle.com/news/politics/texas/article/Texas-judge-gets-a-warning-for-refusing-to-14876988.php

Then she must be removed

There is a disciplinary process for this sort of thing and it will be followed.

If you won’t fulfill the duties of your job, resign.

2 Likes

BTW, she can simply avoid performing weddings altogether as performing marriages is NOT mandatory for her position.

7 Likes

Adios.

If policy was violated, surely there should be policy for punishment.

The greater problem is Texas’s antiquated judicial system. There does not even need to be Justices of the Peace in this day and age.

2 Likes

That tells me this is attention seeking on her part and not so much about a settled issue of legal consideration.

:no_pedestrians:

1 Like

Amen…

Does it make it ok that she directs them to a different judge?

Judicial reform in the States is one of my “causes.” Texas, Pennsylvania and New York are the three poster children for ****** up State Judicial Systems. :smile:

If said judge wants to make a religious/social statement she needs to find a way to do it that doesn’t violate the legally protected privileges of US citizens.

:diamond_shape_with_a_dot_inside:

2 Likes

I disagree with her. She should not be judging the validly of anyone’s marriage except her own. But as long as she is not interfering with someone’s rights, the it’s up to the voters. It’s a really fine line to walk.

Hasn’t this been settled in the Supreme Court that if a persons strong religious belief in traditional marriage that they cannot be forced to perform services for a same sex wedding. Officiating a wedding is a service and she is entitled to “refuse service”. if she wants too. IMO

I think the article was clear that she stated she would not be performing same sex marriages after the SCOTUS ruling came down and she also said she would recuse herself in cases involving homosexuals. That is the ethical thing to do something liberal activist judges are incapable of.

Her position is an elected office so this appears to be a political hit job if the voters don’t like her position on this issue they can vote her out. :woman_shrugging:

I think you’re right but to what end? Is she running for reelection, or higher office?

theres a reason they call waco whacko…

Texas has standards for judicial conduct and this violates those standards… If you can not uphold the standards of the job your hired or elected to perform, then resign.

Here is the Texas Commission on Judicial Standards ruling on her violating Canon 4A(1) of the Texas Code of Judicial Conduct.

http://www.scjc.texas.gov/media/46780/hensley17-1572pubwarn111219.pdf

Here is the code of conduct canon she is violating…

https://www.legalethicstexas.com/Ethics-Resources/Rules/Texas-Code-of-Judicial-Conduct/IV--THE-COMMISSION-FOR-LAWYER-DISCIPLINE/4-01-Composition-and-Membership

Getting married by a Justice of the Peace is the opposite of a religious ceremony, and that judge is not presiding over any kind of religious rite. It is purely a legal thing and as a government employee she needs to do her job.

6 Likes

Not seeing the part that this would be a violation of.

Someone stated earlier that performing marriages is not a requirement of the post. So it’s not an official duty of the office.

So long as sending people to one of the other judges doesn’t cause an inconvenience I don’t think it’s a problem. For example: if the other judge(s) are in the same building or very nearby, not across town or in a different county.

This doesn’t sound like that other lady who was refusing to file and sign the paperwork a few years back. Filing the records was part of her job, and she directed those under her not to do it either. Which was wrong.