AUSTIN — Texas Supreme Court chief justice‑elect Maggie Ellis announced her intention to revise a rule adopted in October 2025 that permits judges to decline performing wedding ceremonies based on sincerely held religious beliefs. Ellis, a Democrat who recently defeated Republican incumbent Jimmie Blacklock, wants the court to require judges either to officiate every marriage or to refrain from all ceremonies.
Proposed amendment to the Code of Judicial Conduct
Ellis told The Dallas Morning News that the current two‑line comment to the Texas Code of Judicial Conduct – “It 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” – sends the wrong message. She described it as “back‑door discrimination” and said, “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.”
Background and political context
The rule was challenged after a Waco justice of the peace faced reprimand from the State Commission on Judicial Conduct for refusing to perform same‑sex marriages. The American Civil Liberties Union and LGBTQ advocates criticized the rule as discriminatory, prompting Ellis to make its reversal a priority in her campaign.
Ellis’ victory gave Democrats four of the nine seats on the Texas Supreme Court, narrowing the Republican majority to a 5‑4 split. While the new balance improves Democratic influence, any amendment to the wedding‑ceremony rule will still require support from at least one Republican justice.
Broader agenda for the court
Beyond the wedding‑ceremony issue, Ellis highlighted her commitment to expanding state funding for indigent defense. She noted that “our indigent defense funding has been slashed across the state” and that rural counties struggle to secure constitutional representation for defendants who cannot afford an attorney.
As chief justice, Ellis will chair the 16‑member Texas Judicial Council, which advises the Legislature on policy matters. Although she cannot directly allocate funds, she said she has begun discussions with legal practitioners to build support for increased spending on criminal‑defense services.
Personal background and representation
Ellis, who previously served on the Texas Third Court of Appeals, is the first openly LGBTQ person elected to statewide office in Texas. She put herself through law school as a single mother and is a former foster parent. “We’re finally seeing represented in our state, the incredible and beautiful diversity of the people that we get to serve,” she said after the election.
Implications for Texas families
If Ellis succeeds in amending the rule, judges across the state would be required to treat all couples equally, reinforcing the principle that marriage is a civil contract protected by the Constitution. Supporters argue this change would protect families from arbitrary denial of services, while opponents warn it could infringe on religious liberty.
Ellis emphasized that any amendment would be crafted with input from both Democratic and Republican justices, seeking a bipartisan solution that respects both constitutional rights and religious convictions.
Next steps
The proposed amendment will be discussed at the next Texas Judicial Council meeting, where Ellis plans to present her rationale and seek consensus. The court is expected to vote on the change later this year, pending the usual procedural reviews.
Texans interested in the outcome can follow the Texas Judicial Council’s public notices or attend the upcoming council session, which will be open to the public.
Original reporting: Texarkana Gazette — read the source article.
