The legal status of same-sex marriage in Texas has undergone major changes over the past decade. While Texas once banned gay marriage under both state law and its constitution, federal court decisions have since reshaped the landscape. Now same-sex marriage remains legal in Texas, but ongoing national debates continue to influence related rights and protections.
The History of Gay Marriage Laws in Texas
Before 2015, Texas explicitly prohibited same-sex marriage. The Texas Defense of Marriage Act (2003) and a constitutional amendment passed in 2005 defined marriage strictly as a union between one man and one woman. Same-sex couples were not allowed to marry or have their marriages from other states recognized in Texas.
However, this changed dramatically after the landmark U.S. Supreme Court ruling in Obergefell v. Hodges (2015). The Court held that same-sex couples have a constitutional right to marry under the Fourteenth Amendment, which requires states to both license and recognize same-sex marriages.
Following this decision, Texas and every other U.S. state were legally required to permit and recognize marriages between same-sex partners.
Current Legal Status in Texas
As of 2025, same-sex marriage is fully legal in Texas. Couples can apply for marriage licenses at county clerk offices across the state, and all marriages regardless of gender carry the same legal rights, benefits, and responsibilities.
That means:
- Same-sex couples can file joint tax returns.
- They can access spousal benefits under Social Security and health insurance.
- They can adopt children jointly.
- They have inheritance rights, hospital visitation rights, and next-of-kin recognition.
While the law is clear federally, the issue remains sensitive in some parts of the state, especially among conservative groups who continue to oppose the 2015 ruling.
State-Level Opposition and Future Concerns
Even though federal law protects same-sex marriage, certain Texas lawmakers have attempted to challenge or limit its effects. Some have proposed bills to protect “religious freedom,” allowing government employees or private businesses to deny services related to same-sex marriages.
However, such measures cannot legally invalidate marriage equality in Texas unless the U.S. Supreme Court overturns Obergefell v. Hodges — something that has not happened as of 2025.
In 2022, after the Supreme Court overturned Roe v. Wade, concerns grew that marriage equality could also be revisited. In response, Congress passed the Respect for Marriage Act (2022), which ensures that same-sex marriages remain federally recognized even if Obergefell were ever reversed.
This law provides an additional safeguard for couples in Texas and nationwide.
Marriage Licensing for Same-Sex Couples in Texas
If you’re a same-sex couple planning to marry in Texas, the process is the same as for any other couple:
- Apply for a marriage license at your county clerk’s office.
- Both parties must present valid identification (such as a driver’s license or passport).
- Pay the applicable fee (usually between $60 and $85).
- Wait 72 hours before the ceremony (unless waived by a court or military exemption).
- Have the marriage officiated by a judge, clergy member, or other authorized officiant.
Once completed, your marriage is legally valid under both Texas and federal law.
Legal Protections and Rights
Same-sex couples in Texas now have access to all the legal protections heterosexual couples enjoy, including:
- Community property rights
- Parental and adoption rights
- Healthcare decision-making authority
- Divorce and spousal support rights
These rights are protected under the Fourteenth Amendment and reinforced by federal law, though some local jurisdictions may still face challenges with full compliance.
Conclusion
Gay marriage remains legal in Texas, protected by both the Obergefell v. Hodges decision and the Respect for Marriage Act.
Despite past restrictions and ongoing political debate, same-sex couples in Texas have the same right to marry, raise families, and access all related legal benefits as any other couple.
Still, because the legal landscape can shift, staying informed about federal and state legislative developments is essential. For specific concerns about marriage rights, property, or family law matters, it’s best to consult an attorney who understands both state and federal protections for LGBTQ+ couples.
