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Jack County Judge Keith Umphress, pictured at a recent commissioners court meeting, has filed a lawsuit about performing gay marriages. File photo
Jack County Judge Brian Keith Umphress has filed a lawsuit against the State Commission on Judicial Conduct.
He filed the lawsuit March 4 in the U.S. District Court for the Northern District of Texas’ Fort Worth Division, Umphress showed support for McLennan County Justice of the Peace Dianne Hensley who recuses herself from officiating at same-sex ceremonies on account of her Christian faith.
The commission issued a public warning to Hensley on Nov. 12, 2019, saying she had violated Canon 4A of the Texas Code of Judicial Conduct which states “A Judge shall conduct all of the judge’s extra-judicial activities, so they do not cast reasonable doubt on the judge’s capacity to act impartially as a judge.”
The premise of the disciplinary action is that a judge who expresses disapproval of same-sex marriage or homosexual conduct has violated Canon 4A and has cast reasonable doubt on his capacity to act impartially toward homosexual litigants who appear in his court.
The lawsuit states Umphress applies “the law faithfully and impartially to every litigant who comes before him, regardless of their sexual behavior or sexual orientation,” but is also engaged in numerous extra-judicial activities that show disapproval of homosexual behavior and same-sex marriage.
Umphress is a member of Christian Missions Church in Jacksboro which adheres to the Christian teaching that marriage exists only between one man and one woman and homosexual conduct of any sort is immoral and contrary to Holy Scripture. The lawsuit states Umphress, like Hensley, is conducting his “extrajudicial activities” in a manner which evinces disapproval of same-sex marriage and homosexual conduct which violates the Commission’s interpretation of Canon 4A.
The Commission’s interpretation of Canon 4A violates the constitutional rights of judge, according to Umphress, and he seeks declamatory and injunctive relief to that effect.
Because the lawsuit is ongoing, Umphress declined to comment on the matter.
For the full story, see the Wednesday, April 8, edition of the Jacksboro Herald-Gazette.
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