Texas banned gay marriage

US judge declares Texas gay marriage bar unconstitutional

A US decide has ruled Texas' ban on gay marriage is unconstitutional, the latest in a series of decisions overturning such state laws.

Judge Orlando Garcia dominated in favour of two gay couples who challenged the ban, but will allow the declare to continue enforcing it pending an appeal.

Analysts say the ruling makes it increasingly likely the legality of such bans will attain the Supreme Court.

Texas Attorney General Greg Abbott vowed to appeal against the decision.

"This is an issue on which there are excellent, well-meaning people on both sides," Mr Abbott, who is a Republican candidate for governor, said in a utterance.

"The US Supreme Court has dominated over and over again that states have the power to define and regulate marriage."

Texas is one of the most conservative states in the US and has banned gay unions in its constitution since 2005 and by statute since 1997.

In his ruling, Determine Garcia of the federal Western District of Texas wrote that by denying same-sex couples the right to commit, the state "[demeans] their dignity for no legitimate reason".


5 Vital Facts Texas Same-Sex Couples Desire to Know As Federal Marriage Verdicts Loom

In November, the Sixth Circuit Court of Appeals upheld lgbtq+ marriage bans in four states (Kentucky, Michigan, Ohio and Tennessee). Prior to this decision, the Supreme Court of the United States (SCOTUS) declined to weigh in on the subject, because earlier Circuit Court of Appeals’ rulings consistently struck down express laws banning homosexual marriage. Now, with the Circuit Courts in opposing corners, it appears that SCOTUS will be forced to handle the issue sooner rather than later.

Uncertainty Awaits Same-Sex Couples in Texas

As a SCOTUS ruling looms on the horizon, the future of the same-sex marriage ban in the state of Texas is making headlines. According to The Texas Observer on December 2, plaintiffs in a federal lawsuit challenging the ban asked U.S. District Assess Orlando Garcia the previous week to lift his remain of a February decision that struck down the Texas same-sex marriage ban.

“As the Observer noted, even if Judge Garcia does lift the February stay, Texas Attorney General Greg Abbott may seek a new stay from the U.S. 5th Circuit Court of Appeals, which will b

Texas State
Law Library

Same-sex marriage became legal in Texas in 2015 after the U.S. Supreme Court issued their decision in Obergefell v. HodgesThis 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 mention 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 rule defining marriage as being between one man and one female 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 same-sex 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

    Anti-LGBT Marriage Bill Revived In Texas Senate

    Senate Committee Sneaks Zombie Bill Onto Omnibus County Bill

    Affiliate: ACLU of Texas

    May 26, 2015 6:00 pm


    AUSTIN - Just two weeks after it died in the Texas Property, a measure designed to subvert a potential U.S. Supreme Court ruling noticeable down the state’s forbid on same-sex marriage has been suddenly revived in the Texas Senate.

    Sen. Eddie Lucio, D-Brownsville, chair of the Senate Intergovernmental Affairs Committee, added to an omnibus bill on county government HB 2977 by state Rep. Garnet Coleman, D-Houston, language from articulate Rep. Cecil Bell’s, R-Magnolia, failed HB 4105. HB 4105 would have barred state and local officials from licensing, enforcing or recognizing a same-sex marriage even if the U.S. Supreme Court rules in favor of the liberty to marry for homosexual and lesbian couples.

    The committee first approved the revised HB 2977 Monday evening. The committee took a second vote today after some committee members objected that Sen. Lucio hadn’t told them that the marriage language had been added to the bill. Sen. Lucio, a Democrat, voted with three Repub