Texas Chief Justice-elect Proposes Ending Religious Accommodations for Judges

Texas Chief Justice-elect Maggie Ellis has announced her intention to challenge a state rule that allows judges to decline performing wedding ceremonies based on sincerely held religious beliefs. Ellis, a Democrat who will join the Texas Supreme Court in January 2027, characterized the current policy as a form of discrimination. She stated her goal is to require judges to either perform all marriage ceremonies or none at all.

The existing rule, amended in October 2025, clarifies that judges do not violate judicial conduct canons by opting out of ceremonies that conflict with their faith. This policy followed a legal dispute involving Justice of the Peace Dianne Hensley, who was previously sanctioned for refusing to officiate same-sex weddings. While the Texas Supreme Court later ruled that the State Commission on Judicial Conduct lacked the authority to discipline judges for such refusals, Ellis indicated she would seek to amend the court's internal orders.

Although Democrats secured four seats in the recent election, Republicans will maintain a 5-4 majority on the court, meaning Ellis will require support from Republican colleagues to enact any changes. Legal advocates from the First Liberty Institute have expressed concern, describing the proposal as a potential threat to religious liberty for state officials.