Texas gay marriage laws

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.

• United States v. Windsor — June 26, 2013

  The Court ruled that a federal law defining marriage as being between one man and one woman was unconstitutional. The law was found to violate same-sex couples' rights to equal protection under federal laws.
• Obergefell et al. v. Hodges, Director, Ohio Department of Health, et al. — June 26, 2015

  In this decision, the Supreme Court held that states must recognize lgbtq+ marriage. It required states to issue marriage licenses to same-sex couples.
• Respect for Marriage Act — H.R. 8404, Public Law 117-228, December 13, 2022

  This federal law prov

  Same-Sex Marriage - Is Same-sex attracted Marriage Legal in Texas?

  Yes! Marriage is 100% legal, recognized, and welcomed in Texas for sapphic, gay, bisexual, and gender nonconforming (LGBTQ+) couples. All marriage laws, as well as divorce laws, apply to all individuals in Texas regardless of their sexual orientation and gender self or expression.

  When did lgbtq+ marriage become legal in the U.S.? 

  Gay marriage became legal in Texas, and in all 50 states on June 26, 2015, when the Supreme Court of the United States (SCOTUS) made its judgment in Obergefell v. Hodges.

  What Is the Process of Getting Married for LGBT In Texas? 

  The process for gay marriage in Texas is exactly the alike for gay and LGBT couples as it is for opposite-sex couples. With marriage equality in all 50 states, there is no separate “gay marriage law”. Same-sex marriage is legal in Texas and everywhere in the Combined States. Getting married in Texas involves: 

  • Obtaining a marriage license from the county you wish to be married in. 
  • Completing a 72-hour waiting period (waivable for military personnel and those who complete a pre-marital education program).
  • Having your marriage ceremony.
  • Have your officiant refund you

    Same-Sex Common Law Marriage in Texas

    Family, Divorce & Children

    This article addresses common law marriage between same-sex couples in Texas. 

    Composed by TexasLawHelp.org • Last Updated on January 12, 2023

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    Learn about common law marriage, if there are any differences for same-sex couples, and the effects of Obergefell (2015) and the federal Respect for Marriage Act(2022).

    Can same-sex couples enter into informal or common law marriage?

    Yes. Same-sex couples in Texas can enter into an informal marriage, also acknowledged as a common regulation marriage. Texas allows parties in an informal marriage to hold, as their legal marriage date, the earliest date at which they satisfied all the requirements of an informal marriage.

    Under the Texas Family Code, an informal or “common law” marriage may be proved with evidence that:

    • a declaration of marriage has been signed; or
    • the parties: (1) agreed to be married, (2) after the agreement, they cohabitated (lived) together in Texas as a married couple, and (3) represented themselves to others in Texas to be married.

    All three requirements must occur simultaneously, alth

    

    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 commanded 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, Everlasting Resident Card, and so on. Contact us for a comprehensive list of valid IDs.

    Do I contain to be a resident of Texas to become a marriage license?
    No.

    Do my partner and I hold to apply together?
    No. Any adult can apply on behalf of an absent applicant who is 18 or older.

    How much does it cost for a marriage license?
    Between $31 and $71, depending
    

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