Texas state Rep. Tony Tinderholt recently filed a judicial conduct complaint against state District Judge David Wahlberg, who allowed the state's first gay marriage on Feb. 19.
Wahlberg allowed Suzanne Bryant and Sarah Goodfriend to be married due to the "the severity and uncertainty of Plaintiff Goodfriend's health condition."
Goodfriend has ovarian cancer.
Texas' 1997 ban on same-sex marriage was overruled by Judge Orlando Garcia and Judge Barbara Nellermoe in 2014, but those rulings are being appealed, so gay marriage is currently not legal in the state.
Tinderholt, a Republican, has been married five times, reports Towleroad.com.
"This judge deliberately violated statutory law and this is unacceptable," said Tinderholt, who filed his complaint with the State Commission on Judicial Conduct, noted the Houston Chronicle.
"This complaint and any action, which the legislature decides to take, is about ensuring that our judicial system respects the laws of our state and respects the separation of powers," added Tinderholt. "Judge Wahlberg allowed his personal views to dictate his action and ignored state law to accomplish his desired outcome."
According to the Star-Telegram, Tinderholt filed his complaint against the wrong judge because it was Probate Judge Guy Herman who ruled the state of Texas' law banning gay marriage was unconstitutional in February 2015 in the context of inheritance.
Wahlberg reportedly issued a temporary restraining order to allow the same-sex couple to get married, but not a “final judgment," which is the type of ruling Tinderholt would legally need to file a compliant against, per Texas law.