rights
Remember when a Texas judge asked a federal court to end marriage equality nationwide?
By Alex Bollinger at LGBTQ Nation
· July 12, 2026
· 4 min read
A Texas judge is asking a federal court to overturn marriage equality in the U.S., arguing in a lawsuit filed on Friday that marriage for same-sex couples is unconstitutional because it was legalized in a decision that "subordinat[ed] state law to the policy preferences of unelected judges." The cas
Key takeaway , arguing in a lawsuit filed on Friday that marriage for same-sex couples is unconstitutional because it was legalized in a decision that "subordinat[ed] state law to the policy preferences of unelected judges.
Why this matters
The latest lawsuit by Judge Dianne Hensley of Waco, Texas, to overturn marriage equality nationwide has significant implications for LGBTQ+ rights in the US. Her argument that marriage for same-sex couples is unconstitutional because it was legalized by "unelected judges" reflects a broader trend of conservative challenges to the Supreme Court's 2015 Obergefell v. Hodges decision. The fact that Hensley has been involved in years of legal proceedings to avoid performing marriages for same-sex couples, while continuing to perform them for opposite-sex couples, highlights the ongoing tensions between religious freedom claims and anti-discrimination laws. The Texas Commission on Judicial Conduct's investigation into Hensley's discriminatory policy in 2018 and the subsequent warning she received underscore the importance of state-level protections for LGBTQ+ individuals. As this case moves forward, it will be crucial to watch how federal courts respond to Hensley's claims and whether they will uphold the constitutional right to marriage equality established by Obergefell.
About this story
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Category: rights ·
Published: July 12, 2026 ·
Source: LGBTQ Nation ·
Reading time: 4 min
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Frequently asked about this story
What is this story about? A Texas judge is asking a federal court to overturn marriage equality in the U.S., arguing in a lawsuit filed on Friday that marriage for same-sex couples is unconstitutional because it was legalized in a decision that "subordinat[ed] state law to the policy preferences of unelected judges." The cas
When was this published? This article was first published on July 12, 2026 by LGBTQ Nation and curated for LGBTQ News readers.
Who reported this story? This story was reported by Alex Bollinger at LGBTQ Nation. To learn more about how LGBTQ News selects and reviews stories, see our editorial standards .
Where can I find related coverage? See more rights coverage from LGBTQ News, or browse our daily briefing and topic hubs .