Democrat Maggie Ellis, the newly elected chief justice of the Texas Supreme Court, has stated her intention to eliminate an accommodation that allows judges to refuse to perform weddings that conflict with their sincerely held religious beliefs.
Ellis stated that her goal is “to say either you perform all marriages, or none.” She is being touted as the “first LGBTQ+ person in Texas” to win a statewide race. She now has a husband but was previously married to a woman.
Background
In October 2025, the Texas Supreme Court clarified that judges are not required to perform same-sex weddings, an issue that had been working its way through the courts.
The order 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.”
The 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.”
Some lower courts had interpreted the canon to require judges to perform same-sex weddings if they were also performing heterosexual weddings.
McLennan County Justice of the Peace Dianne Hensley was issued a public warning in 2019 by the State Commission on Judicial Conduct (SCJC) for officiating heterosexual weddings while referring same-sex couples to a minister that would help them, citing her religious beliefs.
Hensley sued the SCJC in state court, and the commission ultimately removed the public warning. Jack County Judge Brian Umphress also challenged the SCJC’s application of Canon 4 against Hensley in federal court, contending it is unconstitutional.
After the Texas Supreme Court added the clarifying comment to Canon 4 in October 2025, the SCJC still attempted to misinterpret its meaning. This prompted the Court to further clarify that judges may refuse to perform same-sex weddings while continuing to perform opposite-sex weddings.
A New Chief Justice
Following the Democrats’ sweeping victory of statewide offices on Tuesday, the Texas Supreme Court will shift from 9-0 Republican control to 5-4 Republican control in January. As part of the shift, Ellis will be replacing the Republican Chief Justice Jimmy Blacklock.
Ellis previously served as a justice on the Austin-based Third Court of Appeals.
In her first public statement since the election, Ellis told the Dallas Morning News that she wants to ensure that any judges who officiate weddings in Texas also do so for homosexual couples, removing the religious freedom exemptions.
“One thing I’d like to do is work with the other justices to amend these orders to say either you perform all marriages, or none,” she said.
Ellis would need at least one Republican justice on board to effectuate such a change. Justice Debra Lehrmann (R) is expected to be the swing vote in many cases.
Kelly Shackelford, president, CEO, and chief counsel for First Liberty Institute, released a statement condemning Ellis’ comments.
“It’s sad that an incoming Justice’s first public statement is one against religious freedom,” said Shackelford. “We’ve won in litigation on this very issue. Religious freedom and accommodation are fundamental rights rooted in the history and tradition of America. The new Chief Justice is off to a regrettable start. First Liberty stands ready to defend any judge affected by this policy.”
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