UMPHRESS v. STEEL (2026)

Supreme Court of Texas.

Brian Keith UMPHRESS, Appellant, v. Gary L. STEEL, in his official capacity as chair of the State Commission on Judicial Conduct, et al., Appellees

No. 25-0288

Decided: January 09, 2026

Douglas Laycock, University of Texas School of Law, Austin, for Amici Curiae Berg, Thomas, Christian Legal Society. Douglas Laycock, University of Texas School of Law, Austin, Pro Se. Hiram S. Sasser III, Jeremiah Dys, Kelly J. Shackelford, First Liberty Institute, Plano, for Amicus Curiae Hensley, Dianne. Martin Whittaker, St. Louis, MO, for Amicus Curiae Lorica Institute for Freedom of Expression and Religion. Emily K. Cook, Pacific Justice Institute, Liberty, for Amicus Curiae Pacific Justice Institute and National Legal Foundation. Charles W. Fillmore, Hartson Fillmore IV, The Fillmore Law Firm, L.L.P., Fort Worth, Jonathan F. Mitchell, Mitchell Law PLLC, Austin, for Appellant. Douglas S. Lang, Thompson Coburn, L.L.P., Dallas, David R. Schleicher, Schleicher Law Firm, P.L.L.C., Waco, Roland K. Johnson, Harris Finley & Bogle, P.C., Fort Worth, Ross Reyes, Littler Mendelson, P.C., Dallas, for Appellees Bunch, Ronald E., Draksharam, Sujeeth B., Ertz, Valerie, Fischer, Steve, Hall, David C., Holt, Janis, Maguire, M. Patrick, McGill, Darrick L., Patronella, David M., Robinson, Clifton, Schenck, David, Tate, Frederick C. David R. Schleicher, Schleicher Law Firm, P.L.L.C., Waco, Roland K. Johnson, Harris Finley & Bogle, P.C., Fort Worth, Ross Reyes, Littler Mendelson, P.C., Dallas, for Appellee Reyes, Ruben G.

The Fifth Circuit certified the following question: “Does Canon 4A(1) of the Texas Code of Judicial Conduct [concerning a judge's extra-judicial activities] prohibit judges from publicly refusing, for moral or religious reasons, to perform same-sex weddings while continuing to perform opposite-sex weddings?” Umphress v. Hall, 133 F.4th 455, 471 (5th Cir. 2025). See Tex. Const. art. V, § 3-c; Tex. R. App. P. 58.1.

We solicited briefing from the parties, and several helpful amici submitted briefs as well. In an order issued on October 24, 2025, we adopted a comment to Canon 4, which clarifies that “[i]t 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.” Ord. Adopting Comment to Canon 4 of the Tex. Code of Jud. Conduct, Misc. Docket No. 25-9082 (Tex. Oct. 24, 2025). Accordingly, the answer to the certified question is no.

PER CURIAM

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