The U.S. state of

Texas Texas ( , ; or ) is the most populous U.S. state, state in the South Central United States, South Central region of the United States. It borders Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the we ...

issues marriage licenses to same-sex couples and recognizes those marriages when performed out-of-state. On June 26, 2015, the

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

legalized

same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal Legal sex and gender, sex. marriage between same-sex couples is legally performed and recognized in 38 countries, with a total population of 1.5 ...

nationwide due to the

U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...

's decision in ''

Obergefell v. Hodges ''Obergefell v. Hodges'', ( ), is a landmark decision of the United States Supreme Court which ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of th ...

''. Prior to the U.S. Supreme Court's ruling Article 1, Section 32, of the

Texas Constitution The Constitution of the State of Texas is the document that establishes the structure and function of the government of the U.S. state of Texas and enumerates the basic rights of its citizens. The current document was adopted on February 15, 187 ...

provided that "Marriage in this state shall consist only of the union of one man and one woman," and "This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage." This amendment and all related statutes have been ruled unconstitutional and unenforceable. Some cities and counties in the state recognize both same-sex and opposite-sex

domestic partnerships A domestic partnership is an intimate relationship between people, usually couples, who live together and share a common domestic life but who are not married (to each other or to anyone else). People in domestic partnerships receive legal ben ...

Domestic partnerships

Same sex marriages are recognized throughout the state since 2015. Currently there is no recognition of domestic partnerships at the statewide level in Texas for either same-sex or opposite-sex couples.

Domestic partner benefits provided by governmental entities

Texas counties and cities with domestic partnerships

Travis County

Since January 1991, the

Travis County Travis County is located in Central Texas. As of the 2020 census, the population was 1,290,188. It is the fifth-most populous county in Texas. Its county seat and most populous city is Austin, the state's capital. The county was established i ...

has maintained a registry for domestic partnerships. It is the first county in Texas to recognize domestic partnerships.

Austin

On September 2, 1993, the

Austin Austin refers to: Common meanings * Austin, Texas, United States, a city * Austin (given name), a list of people and fictional characters * Austin (surname), a list of people and fictional characters * Austin Motor Company, a British car manufac ...

City Council voted 5–2 in favor of the city offering domestic partner benefits. In January 1994, domestic partnerships became available in Austin, becoming the first city in Texas to do so. A group named Concerned Texans, led by the Rev. Charles Bullock, led a petition drive, called Proposition 22. On May 7, 1994, Proposition 22 passed, with a margin of 62 percent in favor to 38 percent against. It amended Austin's city charter to prohibit domestic partners, which were effectively terminated on May 9, 1994. On May 13, 2006, Austin voters passed, by a vote of 68 percent in favor to 32 percent against, Proposition 2, which amended the city charter to restore domestic partner benefits for city employees.

Dallas

Since 2004, the city of

Dallas Dallas () is a city in the U.S. state of Texas and the most populous city in the Dallas–Fort Worth metroplex, the List of Texas metropolitan areas, most populous metropolitan area in Texas and the Metropolitan statistical area, fourth-most ...

has offered domestic partnership benefits to city employees.

El Paso

On August 25, 2009, the

El Paso El Paso (; ; or ) is a city in and the county seat of El Paso County, Texas, United States. The 2020 United States census, 2020 population of the city from the United States Census Bureau, U.S. Census Bureau was 678,815, making it the List of ...

City Council voted 7-1 to grant domestic partnership benefits to city employees. A group, called Traditional Family Values, led by the Rev. Tom Brown, led a petition drive to repeal the city's domestic partnership benefits. The proposition was criticized for its poorly worded language on the ballot. On November 2, 2010, the proposition passed, with a margin of 55 percent in favor to 45 percent against. It amended El Paso's city charter to prohibit domestic partners, which were effectively terminated on January 1, 2011. On November 16, 2010, the El Paso City Council voted 4–3 against rescinding the public referendum prohibiting domestic partnerships in the city. On May 14, 2011, the El Paso City Council voted 4-4 on restoring domestic partnerships in the city. Mayor John Cook casts the tie breaking vote in favor of restoring domestic partnerships, which restored domestic partner benefits for city employees.

Fort Worth

On January 1, 2011, domestic partnership benefits of city employees of

Fort Worth Fort Worth is a city in the U.S. state of Texas and the county seat of Tarrant County, Texas, Tarrant County, covering nearly into Denton County, Texas, Denton, Johnson County, Texas, Johnson, Parker County, Texas, Parker, and Wise County, Te ...

began.

San Antonio

On September 15, 2011, the

San Antonio San Antonio ( ; Spanish for " Saint Anthony") is a city in the U.S. state of Texas and the most populous city in Greater San Antonio. San Antonio is the third-largest metropolitan area in Texas and the 24th-largest metropolitan area in the ...

City Council voted 8-3 to grant domestic partnership benefits to city employees. It took effect on October 1, 2011.

El Paso County

On August 13, 2012, the El Paso County Commissioners Court voted 3-1 to grant domestic partnership benefits to county employees.

Dallas County

On October 30, 2012, the

County Commissioners Court voted 3-2 to grant domestic partnership benefits to city employees. It took effect on January 1, 2013.

Houston

On November 6, 2001, 52 percent of

Houston Houston ( ) is the List of cities in Texas by population, most populous city in the U.S. state of Texas and in the Southern United States. Located in Southeast Texas near Galveston Bay and the Gulf of Mexico, it is the county seat, seat of ...

voters approved Proposition 2, an amendment to the city charter prohibiting the city from providing domestic partner benefits for city employees. The amendment however specifically permits benefits to be provided to "legal spouses" of employees. On November 20, 2013, Mayor

Annise Parker Annise Danette Parker (born May 17, 1956) is an American politician from the state of Texas. A Democrat, Parker served as the 61st Mayor of Houston, Texas, from 2010 until 2016. She also served as an at-large member of the Houston City Council ...

announced that the city will begin offering domestic partnerships benefits to all legally married spouses of city employees. This will apply to same-sex couples who have been married in a state where same-sex marriage is legal. The mayor's decision is based on a city legal department interpretation of recent

decisions and other relevant case law from the around the country. On December 17, 2013, State District Judge Lisa Millard issued an order to put on hold the implementation of Houston's domestic partnership law, in response to a lawsuit filed by Harris County GOP chairman Jared Woodfill, on behalf of plaintiffs Jack Pidgeon and Larry Hicks. It is pending a hearing on January 6, 2014.

Bexar County

In June 1999, a gay rights activist asked

Bexar County Bexar County ( or ; ) is a county in the U.S. state of Texas. It is in South Texas and its county seat is San Antonio. As of the 2020 census, the population was 2,009,324, making it the state's fourth-most populous county. Bexar County ...

officials to establish a legal registry for those who want to declare themselves same-sex domestic partners. County officials sought a ruling from

Texas Attorney General The Texas attorney general is the chief legal officer
of the

John Cornyn John Cornyn III ( ; born February 2, 1952) is an American politician, attorney, and former jurist serving as the Seniority in the United States Senate, senior United States Senate, United States senator from Texas, a seat he has held since 2002. ...

, who responded that such declarations constituted an attempt to establish a legal relationship similar to marriage, a violation of Texas law. Bexar County denied the request in December. On February 4, 2014,

Commissioners Court voted 5–0 in favor of allowing county employee benefits to be extended to domestic partners.

2013 Texas attorney general opinion

In April 2013, Texas Attorney General

Greg Abbott Gregory Wayne Abbott ( ; born November 13, 1957) is an American politician, attorney, and jurist who has served since 2015 as the 48th governor of Texas. A member of the Republican Party (United States), Republican Party, he served from 2002 to ...

opined that Article I, Section 32 of the Texas Constitution prohibits a political subdivision of the state from "creating a legal status of domestic partnership and recognizing that status by offering public benefits based upon it." The opinion request from state Senator Dan Patrick inquired about political subdivisions that "offer some form of insurance benefits to domestic partnerships" as part of their employee benefit programs. Article I, Section 32 says that " is state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage." The attorney general said that a city, county, or independent school district is a "political subdivision" for this purpose. He also said, "By establishing eligibility criteria and requiring affidavits and other legal documentation to demonstrate applicants' eligibility to be considered domestic partners, ... political subdivisions have purported to create a legal status of domestic partnership that is not otherwise recognized under Texas law. Furthermore, the political subdivisions 'recognize' that legal status by providing benefits to individuals who attain that status." As for whether the domestic partnerships are "similar" to marriage, the attorney general said "a court is likely to conclude that the domestic partnership legal status ... is 'similar to marriage' and therefore barred" by the constitution. In response, the

Austin Independent School District Austin Independent School District (AISD) is a school district based in the city of Austin, Texas, United States. Established in 1881, the district serves most of the City of Austin, the neighboring municipalities of Sunset Valley and San Lea ...

decided not to offer health benefits to the domestic partners of its employees. However, the Austin Independent School District changed its position in August 2013, and has moved forward to offer health benefits to domestic partners of employees. City Manager Marc Ott and Mayor

Lee Leffingwell Shelly "Lee" Leffingwell (born October 13, 1939) is an American environmentalist and politician who served as the 57th mayor of Austin from 2009 to 2015. A member of the Democratic Party, Leffingwell previously served as chair of Austin's Envi ...

of the City of Austin said that the city would not change its domestic partners benefits policy. Sam Biscoe, the

county judge The term county judge is applied as a descriptor, sometimes as a title, for a person who presides over a county court. In most cases, such as in Northern Ireland and the Victorian County Courts, a county judge is a judicial officer with civi ...

of Travis County, said that the county would not change its policy because, "Legally, we are in good shape." A spokesperson for Fort Worth said the city did not expect any problems from the opinion because "Our domestic partner policy does not say anything about marriage or gender." El Paso mayor John Cook said, "The attorney general's opinion is nothing but that - it's an opinion that doesn't have the enforcement of a court case."

Veronica Escobar Veronica Escobar (born September 15, 1969) is an American politician serving as the U.S. representative for , based in El Paso, since 2019. A member of the Democratic Party, she served as an El Paso County commissioner from 2007 to 2011 and the ...

, the county judge of El Paso County, said that the opinion was not binding and that the county would continue to provide benefits to the unmarried partners of its employees.

History

Statute

In 1997, the Texas legislature prohibited the issuance of

marriage licenses A marriage license (or marriage licence in Commonwealth spelling) is a document issued, either by a religious organization or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between jurisdictions ...

to same-sex couples. In 2003, the legislature enacted a statute that made void in Texas any same-sex marriage or civil union.Texas Family Code sec. 6.204
/ref> This statute also prohibits 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. During the legislature's 2013 regular session, House Bill 1300 by Representative

Lon Burnam Lon Maxwell Burnam (born July 11, 1953) is a former member of the Texas House of Representatives for District 90, which encompasses downtown Fort Worth, Texas, Fort Worth, Texas, and surrounding areas. A United States Democratic Party, Democrat, ...

would have repealed the same-sex marriage prohibition;House Bill 1300 - Introduced Text, 83rd Legislature, Regular Session, 2013
/ref> however, the bill died in the State Affairs committee of the house of representatives.House Bill 1300 History, 83rd Legislature, Regular Session, 2013
/ref> Senate Bill 480 by Senator

Juan Hinojosa Juan Jesus "Chuy" Hinojosa (born March 7, 1946) is an American politician and attorney who is a member of the Texas Senate, representing the 20th district, which stretches from Corpus Christi to McAllen. A Democrat, he was first elected to the ...

would have repealed only the civil union prohibition; however, this bill also died in committee.

Constitution

On November 8, 2005, Texas voters approved Texas Proposition 2 that amended the state constitution 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." During the legislature's 2013 regular session, House Joint Resolution 77 by Representative

Rafael Anchia Rafael may refer to: * Rafael (given name) or Raphael, a name of Hebrew origin * Rafael, California Fiction * ''Rafael'' (TV series), a Mexican telenovela * ''Rafaël'' (film), a 2018 Dutch film People * Rafael (footballer, born 1978) ( ...

, House Joint Resolution 78 by Representative

Garnet Coleman Garnet Fredrick Coleman (born September 8, 1961) is an American politician. From 1991 to 2022, he was a member of the Texas legislature, Texas House of Representatives for the 147th district, located entirely within Houston and Harris County, Te ...

, and Senate Joint Resolution 29 by Senator

José R. Rodríguez José R. Rodríguez (born March 1, 1948) is an American attorney and politician. He served as a Democratic member of the Texas State Senate, representing District 29 in El Paso, Texas from 2011 to 2021. Early life and education Rodríguez was bo ...

would have repealed the constitutional definition of marriage; however, all these resolutions died in their respective committees.

Federal lawsuit

In November 2013, two same-sex couples challenged the state's same-sex marriage ban in U.S. District Court, which ruled in their favor on February 26, 2014, while staying enforcement of its ruling pending appeal. The state has appealed the decision to the

Fifth Circuit Court of Appeals The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is one of the 13 United States courts of appeals. It has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: ...

State lawsuits

Divorce for same-sex couples

=''In the Matter of the Marriage of A.L.F.L. and K.L.L.''

= On February 18, 2014, a same-sex couple, married in Washington D.C., filed for divorce and child custody lawsuit. On April 23, 2014, Judge Barbara Nellermoe, of the 45th Judicial District Court of Bexar County, ruled that three portions of the Texas Family Code, as well as Section 32 of the Texas Constitution, were unconstitutional. On April 25, 2014, Texas Attorney General Greg Abbott appealed the decision. On May 15, 2014, Judge Nellermoe rejected a push by state officials to block a same-sex couple's divorce and child-custody case from proceeding. She also set a May 29 custody hearing in San Antonio for the fight between the couple over custody of their daughter.

=''In Re Marriage of J.B. and H.B.''

= In 2009, a same-sex couple that had married in Massachusetts filed for divorce in Dallas, but before the district court could grant the divorce the Texas Attorney General intervened and challenged the court's jurisdiction to do so. On October 2, 2009, the district court ruled, in the case of '' In Re Marriage of J.B. and H.B.'' that, to the extent Texas laws purported to prevent two men who were legally married in Massachusetts from getting a divorce in Texas, those laws were unconstitutional. But the Texas Attorney General appealed, and on August 31, 2010, the Fifth Court of Appeals in

reversed the lower court, ruling that the same-sex marriage ban does not violate the

Equal Protection Clause The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State... deny to any person within its jurisdiction the equal pr ...

of the Fourteenth Amendment, even when used to prevent a legally-married couple from obtaining a divorce. The case is pending before the Texas Supreme Court, with oral arguments set for November 5, 2013.

=''Texas v. Naylor''

= In Austin, another same-sex couple married in Massachusetts filed for divorce, and the district court actually granted the divorce before the Attorney General could intervene. The Attorney General appealed that decision too, but on January 7, 2011, the Third Court of Appeals in

, in the case of ''Texas v. Naylor'' held that the state had no right to intervene in the case, to challenge the divorce on appeal. The case is pending before the Texas Supreme Court. Oral arguments took place November 5, 2013.No. 11-0024, ''the Supreme Court of Texas Blog''
/ref>No. 11-0114 ''the Supreme Court of Texas Blog''
/ref>

Public opinion

Since 2009, Texans between the ages of 18 and 29 have increasingly supported same-sex marriage at a faster rate than that of the general population. In June 2009, the University of Texas found that 49 percent of that age group supported same-sex marriage as opposed to 29 percent of the general population. In February 2013, it found that 59 percent of them did so while only 37 percent of the general population had the same opinion. Opposition from Texans between the ages of 18 and 29 dropped 12 points in the same period, from 28 to 16 percent. At the same time, opposition from the general population in Texan dropped 5 points, from 52.7 percent to 47.5 percent. Glengariff Group, Inc., in conjunction with the pro-LGBT rights

Equality Texas Foundation Equality Texas is a statewide political advocacy organization in Texas that advocates for lesbian, gay, bisexual, and transgender (LGBTQ) rights, including same-sex marriage. History Equality Texas was founded in 1989 as a 501(c)(4) nonprofit co ...

, found that support in that age group rose from 53.6 percent in 2010 to 67.9 percent in 2013 while within the general population in Texas, support rose from 42.7 percent to 47.9 percent.

References

{{Same-sex unions in the United States LGBTQ in Texas Texas law