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Texas Supreme Court justices Wednesday questioned whether a Waco justice of the peace should remain under threat of a judicial oversight body’s sanctions if she continues refusing to marry gay couples. in 2019 for performing opposite-sex weddings for couples, but declining to perform same-sex wedding ceremonies on religious grounds — a move that casted doubt on her capacity to act impartially, according to the notice. Her refusal occurred in the wake of a landmark U.S.
While Hensley had lost income by not performing weddings and sought financial award for damages with the lawsuit, Mitchell said what mattered is whether she will be subject to more sanctions in the future by not performing certain marriages, in accordance with her faith. The commission’s lawyer, Douglas S. Lang, argued to justices that they should not grant a license to discriminate.
“She has chosen to marry some folks and not others. She has chosen to discriminate between some folks in the state of Texas, in favor of other people — and it flies in the face of impartiality,” Lang said. followed up with a hypothetical about a judge who stops doing marriages because of an objection to same-sex marriage — why wouldn’t that judge manifest the same bias, he asked.
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