A Waco justice of the peace who refused to marry same-sex couples filed a federal lawsuit Friday that asks the courts to overturn Obergefell v. Hodges, the 2015 Supreme Court decision that recognized same-sex marriage nationwide.
The case, filed by Judge Dianne Hensley against the State Commission on Judicial Conduct, asserts that the Obergefell ruling was unconstitutional because it “subordinat[ed] state law to the policy preferences of unelected judges.” Hensley is represented by Jonathan Mitchell, a conservative attorney best known as the architect of Texas’ 2021 abortion ban that skirted around the legal protections of Roe v. Wade.
