AUSTIN, Texas — A state lawmaker’s complaint has prompted the Texas Commission on Judicial Conduct to investigate a judge who ordered the issuance of a marriage license to a same-sex couple.
Republican Rep. Tony Tinderholt filed the complaint Wednesday against state District Judge David Wahlberg, an elected Democrat.
Last week, Wahlberg ordered the Travis County clerk to issue a marriage license to a “medically fragile” lesbian couple in Austin. Wahlberg had based his order on a probate court judge’s February 17 ruling that Texas’ 2005 voter-approved same-sex marriage ban was unconstitutional.
Tinderholt said Wahlberg violated statutes requiring that judges notify the attorney general when ruling something unconstitutional. Probate Judge Guy Herman made the ruling, however, not Wahlberg.
After an investigation, the commission will review the results and weigh whether there should be any disciplinary action.
Texas Attorney General Ken Paxton has asked the state Supreme Court to declare the lesbian couple’s license invalid. The court has not yet issued a ruling.