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Same sex marriage became legal in Texas in 2015 after the U.S. Supreme Court issued their decision on the case Obergefell v Hodges [PDF]. This opinion required all states to issue marriage licenses to same-sex couples. In December 2022, the federal Respect for Marriage Act created statutory protections for same-sex marriages. While the new law does not require all states to issue same-sex marriage licenses like the Obergefell decision does, it requires all states to recognize valid same-sex marriages performed in another state.
The marriage application process is the same for every couple in Texas. See the resources below for answers to common questions about same-sex marriage.
In June 2017, the Texas Supreme Court ruled in Pidgeon v Turner that while same-sex marriage had been made legal, there is still room for state courts to explore the “reach and ramifications” of the landmark Obergefell ruling. While this case was dismissed by a Houston court in February 2019, the plaintiffs are currently appealing the trial court's decision. Below are some recent news articles discussing this case and the effects it could have on same-sex marriages in Texas in the future.
We recommend also checking out our LGBT Law research guide for additional legal resources relevant to the LGBTQ community.
You can borrow the e-books below with your library account. Don't have a library account? Texas residents can register for a library account online! Learn more about how to register online.