Texas gay marriage law


Same-Sex Marriage in Texas

Family, Divorce & Children

This article addresses same-sex marriage in Texas.

Composed by • Last Updated on October 27,

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Here, learn about laws that apply to same-sex marriage, and how to get married in Texas.

Is same-sex marriage legal in Texas?

Yes. On June 26, , the United States Supreme Court issued its ruling in Obergefell v. Hodges, legalizing same-sex marriage in every U.S. state.

What is the process of getting married in Texas?

To get married in Texas, you first must apply for a license at a county clerk's office, then typically wait at least 72 hours before being married by a judge or authorized religious official. A ceremonial marriage requires a marriage license issued by the county clerk. You must complete a sworn application that establishes the facts required to verb that you are legally eligible to enter into the marital relationship. People younger than 18 years old need court orders (see Minors and Marriage). You cannot be currently married. You cannot join a person with a blood relatio

Possible Changes to Same-Sex Marriage Laws: What Texas Families Should Know

Could Obergefell v. Hodges Be Overturned?

When the U.S. Supreme Court overturned Roe v. Wade, it opened the door for reconsidering other landmark legal decisions. Now, legal experts and citizens alike are questioning what could be next. A recent proposal from an Idaho legislator suggests that Obergefell v. Hodges, the Supreme Court ruling that legalized same-sex marriage nationwide, could face legal challenges in the future.

The Uncertain Future of Same-Sex Marriage Rights

Obergefell was a slim decision, with Justice Anthony Kennedy providing the deciding vote. Since his retirement, the Court’s ideological balance has shifted to a conservative majority. Several justices have expressed willingness to reconsider past rulings, raising concerns that Obergefell could be challenged similarly to Roe. If overturned, the effects would extend far beyond marriage, impacting parental rights, inheritance laws, and other family legal matters.

How Same-Sex Couples in Texas Can Protect Their Fam

Marriage Equality FAQ

This content is intended to serve as general information; it is not legal advice nor intended as legal advice.

The U.S. Supreme Court ruled in Obergefell v. Hodges that the constitutional right to marry extends to same-sex couples. As a result, LGBT Texans now enjoy the freedom to marry in Texas. What does that mean for you?

Do we need a Texas marriage license to get married in Texas?
Yes.

Where do we get our marriage license?
At any county clerk’s office anywhere in the state.

What do we need to get one?
You have to appear in person before the county clerk, have a valid ID, fill out the application, and take the oath printed on the application.

What counts as a valid ID?
Driver’s license, passport, Certificate of U.S. Citizenship, Certificate of Naturalization, U.S. Citizen ID Card, Lasting Resident Card, and so on. Contact us for a comprehensive list of valid IDs.

Do I include to be a resident of Texas to obtain a marriage license?
No.

Do my partner and I contain to apply together?
No. Any adult can apply on behalf of an absent applicant

5 Vital Facts Texas Same-Sex Couples Need to Understand As Federal Marriage Rulings Loom

In November, the Sixth Circuit Court of Appeals upheld same-sex marriage bans in four states (Kentucky, Michigan, Ohio and Tennessee). Prior to this decision, the Supreme Court of the United States (SCOTUS) declined to weigh in on the subject, because earlier Circuit Court of Appeals’ rulings consistently struck down express laws banning same-sex marriage. Now, with the Circuit Courts in opposing corners, it appears that SCOTUS will be forced to address the issue sooner rather than later.

Uncertainty Awaits Same-Sex Couples in Texas

As a SCOTUS ruling looms on the horizon, the future of the same-sex marriage ban in the state of Texas is making headlines. According to The Texas Observer on December 2, plaintiffs in a federal lawsuit challenging the ban asked U.S. District Verb Orlando Garcia the previous week to lift his stay of a February decision that struck down the Texas same-sex marriage ban.

“As the Observer noted, even if Judge Garcia does hoist the February stay, Texas Attor