Same-sex marriage has been legal in Texas since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. On February 26, 2014, Judge Orlando Luis Garcia of the U.S. District Court for the Western District of Texas found that Texas' ban on same-sex marriages was unconstitutional in De Leon v. Perry. On April 22, 2014, a state court came to the same conclusion. Both cases were appealed. The district court's decision was appealed to the Fifth Circuit Court of Appeals, but before that court could issue a ruling, the U.S. Supreme Court struck down all same-sex marriage bans in the United States in Obergefell on June 26, 2015. Within a few months of the court ruling, all counties had started issuing marriage licenses to same-sex couples, except for Irion County, which announced in 2020 that it would begin issuing licenses to same-sex couples, making it the last county in the United States to comply with the ruling.
Previously, Texas had banned same-sex marriage both by statute since 1973 and in its State Constitution since 2005. Despite opposition from high-profile Republican politicians, polling suggests that a majority of Texans support the legal recognition of same-sex marriage, with a 2021 Public Religion Research Institute poll showing that 62% of respondents supported same-sex marriage.
Legal restrictions Statutes In 1973, following a same-sex couple's application for a marriage license in Wharton County the year prior, the Texas Legislature passed a bill requiring that marriages be between "a man and a woman". The bill was signed into law by Governor Dolph Briscoe on June 15, 1973. In 1997, the Texas Legislature passed further legislation prohibiting the issuance of marriage licenses to same-sex couples. In 2003, the Legislature enacted the Defense of Marriage Act (; ) which explicitly banned same-sex marriages and civil unions. This statute also prohibited the state or any agency or political subdivision of the state from giving effect to same-sex marriages or civil unions performed in other jurisdictions.
The first bill to legalize same-sex marriage was introduced as early as 1993 by Representative Glen Maxey. During the 2013 legislative session, Representative Lon Burnam introduced legislation to repeal the statute;House Bill 1300 – Introduced Text, 83rd Legislature, Regular Session, 2013 however, the bill died in the State Affairs Committee of the Texas House of Representatives. Senator Juan Hinojosa introduced legislation that would have repealed only the civil union prohibition;Senate Bill 480 – Introduced Text, 83rd Legislature, Regular Session, 2013 however, this bill also died in committee. Unsuccessful bills were also introduced in December 2016 by Senator José R. Rodríguez,Bills seek to stop bullying, protect LGBT rights El Paso Times and in January 2023 by Representative Ana Hernandez.
Constitution On November 8, 2005, Texas voters approved Proposition 2, a constitutional amendment that amended the Constitution of Texas to define marriage as consisting "only of the union of one man and one woman" and prohibiting the state or any political subdivision of the state from creating or recognizing "any legal status identical or similar to marriage".Article I, Section 32 of the Texas Constitution states: "(a) Marriage in this state shall consist only of the union of one man and one woman. (b) This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage."
During the 2013 legislative session, representatives Rafael Anchia and Garnet Coleman introduced two measures, House Joint Resolution 77,House Joint Resolution 77 – Introduced Text, 83rd Legislature, Regular Session, 2013 and House Joint Resolution 78,House Joint Resolution 78 – Introduced Text, 83rd Legislature, Regular Session, 2013 to amend the constitutional definition of marriage and recognize same-sex marriages. Senator José R. Rodríguez introduced a similar resolution to the Texas Senate, Senate Joint Resolution 29.Senate Joint Resolution 29 – Introduced Text, 83rd Legislature, Regular Session, 2013 However, all these resolutions died in their respective committees.
Lawsuits
Federal lawsuit
Proceedings and appeal In October 2013, a lesbian couple married in Massachusetts and an unmarried same-sex couple challenged the state's same-sex marriage ban in the United States District Court for the Western District of Texas. The case, De Leon v. Perry, was assigned to Judge Orlando Luis Garcia. On February 26, Judge Garcia ruled that Texas' ban on same-sex marriages was unconstitutional under the Fourteenth Amendment. Garcia agreed with the plaintiffs' argument that homosexuals are a suspect class entitled to a more exacting standard of review, heightened scrutiny, but found that the state's arguments fail "even under the most deferential rational basis level of review" regarding equal protection. Regarding due process and the denial of a fundamental right, he wrote that the state's ban must be reviewed under the strict scrutiny standard. He ruled that the state had "failed to identify any rational, much less a compelling, reason that is served by denying same-sex couples the fundamental right to marry". Garcia issued a preliminary injunction barring enforcement of the same-sex marriage bans because they cause irreparable harm. He stayed enforcement of his ruling pending appeal to the Fifth Circuit Court of Appeals. He wrote:
Attorney General Greg Abbott said the state would appeal the decision. Governor Rick Perry said: "The 10th Amendment guarantees Texas voters the freedom to make these decisions, and this is yet another attempt to achieve via the courts what couldn't be achieved at the ballot box. We will continue to fight for the rights of Texans to self-determine the laws of our state." The state filed a notice of appeal on March 7. On October 9, the Fifth Circuit agreed to expedite oral arguments. Proceedings in two other same-sex marriage cases, Zahrn v. Perry and McKnosky v. Perry, were put on hold pending a decision from the Fifth Circuit. In November, the Fifth Circuit scheduled oral arguments for January 9, 2015 alongside a Louisiana case, Robicheaux v. George, and on December 12, it refused to lift the stay. Oral arguments were heard on January 9 before Judges Patrick Higginbotham, Jerry Edwin Smith, and James E. Graves Jr.
The case was still pending in the Fifth Circuit when the U.S. Supreme Court ruled on June 26, 2015 in Obergefell v. Hodges that the denial of marriage rights to same-sex couples is unconstitutional under the Due Process and Equal Protection clauses of the Fourteenth Amendment. On July 1, the Fifth Circuit affirmed the district court's judgment in favor of the plaintiffs. The ruling remanded the case back to Judge Garcia, with instructions to issue a final order striking down Texas' same-sex marriage ban. Garcia had already lifted the stay of his previous order hours after Obergefell was decided, and promptly issued the final order, legalizing same-sex marriage in Texas.
Reactions and aftermath Reacting to the Obergefell ruling, Governor Greg Abbott said, "Marriage is defined by God. No man can redefine it. We will defend our religious liberties." This is despite the United States being a secular state and the Establishment Clause forbidding governments from establishing or sponsoring religion. Abbott called the Supreme Court "an unelected nine-member legislature", and issued a directive to state agencies demanding they that "preserve Texans' religious liberties". Attorney General Ken Paxton said the ruling resulted in a "dilution of marriage as a societal institution". Meanwhile, Senator Jose Menendez called it "another step toward true equality and dignity". Chuck Smith, executive director of Equality Texas, said, "The 37 states that already have marriage have proven that when gay people share in the freedom to marry, families are helped and no one is hurt. Today's victory will bring joy to tens of thousands of Texans and their families who have the same dreams for marriage as any others. We hope state officials move swiftly to implement the Constitution's command in the remaining 13 states with marriage discrimination. Same-sex couples and their families have waited long enough. While the work toward equality for all Texans is far from over, the campaign for the freedom to marry has been transformative in helping Texans understand who gay people are." Mike Rawlings, the Mayor of Dallas, said, "Today's historic Supreme Court ruling guaranteeing marriage equality is long overdue and wonderful news for Dallas, our state and our country. I am proud to lead a city that is home to numerous large businesses that have already embraced policies in support of gay and lesbian families. This court ruling will help our city and cities across America continue to grow and prosper." The Mayor of Houston, Annise Parker, called it "a joyous, historic day for America".
Nearly 100 same-sex couples were issued marriage licenses that Friday, June 26 at the Bexar County Courthouse. Jon Truho and Larry Stern were the first same-sex couple to receive a license in San Antonio, the seat of Bexar County. Dallas County issued 170 marriage licenses to same-sex couples that day. The first couple to receive one were Jack Evans, 85, and George Harris, 82, together for 54 years, who were later married by a member of their church, Judge Dennise Garcia. Large crowds formed outside the Dallas County Courthouse to celebrate the Supreme Court ruling. Among those in attendance was Lupe Valdez, the sheriff of Dallas County, who said, "This is a time of validation". Lacey Darcy and Aixa Adame were the first couple to marry in El Paso on June 26. The Harris County Clerk, Stan Stanart, said on June 25, the day before the court decision, that he would defy the Supreme Court if it ruled in favor of same-sex marriages. Following the threat of a court order and action from County Attorney Vince Ryan, Stanart began issuing marriage licenses at 3 p.m. on June 26. 47 same-sex couples were issued licenses in Houston that day, starting with John LaRue and Hunter Middleton. Tracey and Shannon Knight were the first couple to be issued a license in Fort Worth.
Many counties started issuing marriage licenses to same-sex couples within hours of the Obergefell ruling on June 26, 2015, while others awaited direction from state officials, local county attorney advice, or issuance of corrected state marriage license forms. Attorney General Paxton issued an opinion supporting officials who refused to grant marriage licenses on religious grounds, in defiance of the Obergefell ruling. Two counties adopted this reason for not issuing licenses, Hood and Irion, but Hood backed down when threatened with a lawsuit. Loving and Mills counties refused to license same-sex couples into August, with county officials stating that they were delaying implementation while they updated paperwork or software, but they had started issuing by September 4. After that date, Irion County was the sole holdout, with reports that the situation was still in effect two years later. After Alabama passed legislation requiring that all counties record marriage certificates in 2019, Irion County was the only remaining county in the United States that would not allow same-sex couples to marry. Following elections in 2020, Irion County had a new county clerk and now issues marriage licenses to all couples.