Is gay marriage allowed in texas
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The spouse must show proof of the marriage and provide the usual documents needed to issue or change a death certificate. The Department of Labor extended these protections to all same-sex married couples. This decision declared that the Fourteenth Amendment to the U.S. Constitution guarantees the right to marry for same-sex couples, overriding any state-level prohibitions.
Some Texas counties accept the filing of domestic partnership agreements and maintain a registry of domestic partnerships.
A domestic partnership agreement is a document that describes the legal rights and responsibilities between two individuals of any gender in a long-term relationship. Same-sex couples can get divorced county where at least one of them resides.
The Court held that same-sex couples have a constitutional right to marry under the Fourteenth Amendment, which requires states to both license and recognize same-sex marriages.
Following this decision, Texas and every other U.S. state were legally required to permit and recognize marriages between same-sex partners.
Current Legal Status in Texas
As of 2025, same-sex marriage is fully legal in Texas.
Despite some initial legal questions in Texas, the core right to marry is firmly established, and same-sex couples are now afforded the same marriage rights as opposite-sex couples across the state.
Rights and Protections for Married Same-Sex Couples in Texas
Following the Supreme Court ruling, married same-sex couples in Texas are entitled to the same legal rights, responsibilities, and protections as married opposite-sex couples.
Can same-sex couples enter into informal or "common law" marriage? The ceremony generally must not be conducted within 72 hours of the issuance of the license.
Do Texas death certificates reflect surviving same-sex spouses? These documents are used for various purposes. This means same-sex couples can marry, divorce, and access the same legal rights and benefits as opposite-sex couples.
Some have proposed bills to protect “religious freedom,” allowing government employees or private businesses to deny services related to same-sex marriages.
However, such measures cannot legally invalidate marriage equality in Texas unless the U.S.
Does Texas recognize domestic partnerships?
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.
If you marry someone in another state or country, the marriage is also valid in the United States and Texas. The divorce process is handled no differently than opposite-sex divorces. The ruling mandated that all states must issue marriage licenses to same-sex couples and recognize same-sex marriages performed in other states.
Hodges, legalizing same-sex marriage in every U.S. Hodges decision and the Respect for Marriage Act.
Despite past restrictions and ongoing political debate, same-sex couples in Texas have the same right to marry, raise families, and access all related legal benefits as any other couple.
Still, because the legal landscape can shift, staying informed about federal and state legislative developments is essential.
Your property, your money, and your rights as a parent may be at risk.
It is especially important to talk to a lawyer if:
- you’re afraid for your or your children’s safety, or
- your case is contested, or
- your spouse has a lawyer, or
- you or your spouse has a house, retirement, business, other valuable property or a lot of debt, or
- you are in a same-sex marriage and you and your spouse have a child but there is no adoption or other court order stating that you are both legal parents
Even if you decide to represent yourself, you should talk to a lawyer for legal advice about your particular situation before filing anything.
In 2022, the Respect for Marriage Act repealed the Defense of Marriage Act, which had in 1996 defined marriage as a union between one man and one woman. Applicants must generally be at least 18 years old; however, individuals between 16 and 18 may marry with parental consent or a court order, and those under 16 require a court order.
Take your witnesses, papers and evidence to the hearing.
Is same-sex marriage legal in Texas? Authorized officiants include licensed or ordained ministers, priests, rabbis, and current or retired federal or state judges.
Same-Sex Marriage in Texas
LGBTQIA+ Rights and Gender
This article addresses same-sex marriage in Texas.