Same-sex marriage became legal in Texas in 2015 after the U.S. Supreme Court issued their decision in Obergefell v. Hodges. This ruling required all states to issue marriage licenses to same-sex couples.

In 2022, the federal Respect for Marriage Act created statutory protections for same-sex marriages. This law requires all states to recognize valid same-sex marriages performed in another state. However, it does not require a state to issue a same-sex marriage license.

The marriage application process is the same for every couple in Texas.

Federal Law

Understanding the Law

Common law marriage is a valid and legal way for a couple to marry in Texas. The term used in the law is "informal marriage." Section 2.401 of the Texas Family Code states that a common law marriage may be proved by evidence that the couple:

• "agreed to be married", and
• "after the agreement they lived together in this state"; and they
• "represented to others that they were married"

Note The Texas statute about informal marriages still uses the phrase "husband and wife." Despite this, same-sex common law marriages are now recognized in Texas as a result of the U.S. Supreme Court ruling in Obergefell v. Hodges.

For more information about common law marriage in general, visit our guide to Common Law Marriage.

Texas Law

Understanding the Law

TexasLawHelp.org has forms and instructions for uncontested divorces, including same-sex divorces.

If you and your spouse have children or your spouse is pregnant, you may need to talk to an attorney for help with a divorce.

See our guide to Divorce for more information.

Understanding the Law

Since 2000, the U.S. Supreme Court has decided several landmark cases about LGBT rights. The cases listed below were historically important and had a large impact on the law.