A new battle over religious freedom is brewing in Texas, and this time, the fight is coming from the very top of the state’s judicial system.
Following the 2026 midterm elections, incoming Texas Supreme Court Chief Justice Maggie Ellis is setting her sights on eliminating protections for judges who decline to officiate same-sex weddings because of their Christian convictions.
According to The Christian Post, Ellis, an openly LGBTQ Democrat who defeated Republican incumbent Jimmy Blacklock, wants to overturn a 2025 judicial accommodation protecting judges who refuse to perform marriage ceremonies that conflict with their sincerely held religious beliefs.
“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,” Ellis told The Dallas Morning News, describing the existing protection as “back-door discrimination.”
However, the accommodation Ellis wants removed came after years of legal battles in which Christians fought to uphold their religious convictions.
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One of those battles involved Waco Justice of the Peace Dianne Hensley, who faced disciplinary action after declining to officiate same-sex weddings while continuing to perform ceremonies for heterosexual couples.
As Charisma previously reported, Hensley ultimately secured a significant religious liberty victory in June, when a Texas court awarded her $10,000 in damages and $630,000 in attorney fees. The court also permanently barred the State Commission on Judicial Conduct from disciplining Hensley for declining to officiate same-sex weddings because of her religious convictions.
And Hensley’s case is hardly an isolated controversy.
From Christian bakers to wedding professionals, believers across America have faced legal challenges over whether their faith can determine their participation in same-sex wedding celebrations. Charisma previously reported on growing support for Christian wedding professionals who refuse services that conflict with their convictions.
Now, the debate is returning to Texas’ highest court.
First Liberty Institute, which represented Hensley, condemned Ellis’ proposal.
“Religious freedom and accommodation are fundamental rights rooted in the history and tradition of America,” First Liberty President Kelly Shackelford said in a statement.
While Ellis takes office in January 2027, Republicans will maintain a 5-4 majority on the court, meaning she will need their support to change the rule.
For Christians watching these developments, the question remains: How far will the battle over religious liberty go when sincerely held biblical convictions collide with the demands of public office?
Abby Trivett is a writer and editor for Charisma Media and has a passion for sharing the gospel through the written word. She holds two degrees from Regent University, a B.A. in Communication with a concentration in Journalism and a Master of Arts in Journalism. She is the author of the newly released book, The Power of Suddenly: Discover How God Can Change Everything in a Moment. For interviews and media inquiries, please contact [email protected]. Learn more about Abby at abbytrivett.com.
