Legal gay marriage in texas

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You may then be able to handle other parts of the divorce yourself. 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.

A will is necessary to control disposition of your assets.

legal gay marriage in texas

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The legal status of same-sex marriage in Texas has undergone major changes over the past decade.

Same-Sex Marriage in Texas

LGBTQIA+ Rights and Gender

This article addresses same-sex marriage in Texas.

If you marry someone in another state or country, the marriage is also valid in the United States and Texas. Both parents can now be listed on a child's birth certificate, establishing legal parentage. Couples who choose not to marry do not have access to many of the property protections available to married couples.

They can also file joint federal tax returns and access various federal benefits, such as Social Security and military benefits.

Requirements for Marriage in Texas

To obtain a marriage license in Texas, all couples must meet specific requirements. Applicants must generally be at least 18 years old; however, individuals between 16 and 18 may marry with parental consent or a court order, and those under 16 require a court order.

The ruling mandated that all states must issue marriage licenses to same-sex couples and recognize same-sex marriages performed in other states.

Yes. You cannot be currently married. However, implementing this ruling can vary at the state level, requiring updates to legal documents and compliance from state employees.

Composed by TexasLawHelp.org • Last Legal Review on October 30, 2025 • Last Edited on October 30, 2025

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Here, learn about laws that apply to same-sex marriage, and how to get married in Texas.

Can same-sex couples divorce? Couples must apply at a county clerk's office, present valid identification, and pay a fee. It may be unlawful to refuse to perform a marriage ceremony between two persons eligible to marry because of race, religion, national origin, or sexual orientation, but judges will not be disciplined for refusing to perform weddings if that refusal is based upon a sincerely held religious belief.

To get married in Texas, you first must apply for a license at a county clerk's office, then typically wait at least 72 hours before being married by a judge or authorized religious official. Hodges, same-sex marriage has been recognized nationwide, including in Texas.

What is the process of getting married in Texas?