A Texas judge has launched legal proceedings against the State Commission on Judicial Conduct for subjecting a judge to disciplinary action because she believes marriage is between one man and one woman.
Judge Brian Umphress filed the case after the Commission told fellow judge Dianne Hensley that her impartiality towards homosexual litigants was under question, because she does not officiate at same-sex weddings due to her Christian beliefs.
The Commission claimed Hensley violated part of the Texas Code of Judicial Conduct which states: “A Judge shall conduct all of the judge’s extra-judicial activities, so they do not cast reasonable doubt on the judge’s capacity to act impartially as a judge.”
Traditional marriage
Umphress explained that the Commission’s interpretation of the law threatens judges in Texas who publicly disagree with homosexuality or do not perform same-sex marriages.
He believes he would also invite discipline because he attends a church which holds to the mainstream Christian belief that marriage is only between one man and one woman.
But his legal action explains that he applies “the law faithfully and impartially to every litigant who comes before him, regardless of their sexual behavior or sexual orientation”.
‘Incorrect’
It comes as Supreme Court Judge Clarence Thomas described the 2015 court ruling declaring same-sex marriage to be a ‘right’ as one of a number of “incorrect decisions” the court has made.
Thomas said the Court made the wrong decision on the landmark Roe v Wade case, which legalised abortion in the US.
The judge made his comments during a recent ruling where fellow Justice Brett Kavanaugh discussed “erroneous precedents”.
Discrimination
Earlier this month, a Christian minister sued a Belfast hotel after it ordered him to halt a public meeting in support of traditional marriage.
Revd Harry Coulter told The Christian Institute, which is supporting him in his case, that the incident left him feeling “humiliated” and he is now taking legal action for unlawful discrimination and breach of contract.
Leading Belfast legal firm Carson McDowell, which is acting on behalf of the minister, said the only reason the event was stopped “was because it was promoting and supporting the proposition that marriage should only be between a man and a woman”.
The minister said it is important that regardless of their beliefs, people are able to express their opinions and views, “otherwise, we get very close to censorship and to state control.”
Also see:
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US bishop disciplined for maintaining biblical stance on marriage