Domestic partnership in Texas

On June 26, 2015, the United States legalized same-sex marriage nationwide due to the U.S. Supreme Court's decision in Obergefell v. Hodges.

Tom Brown, led a petition drive to repeal the city's domestic partnership benefits.

It amended El Paso's city charter to prohibit domestic partners, which were effectively terminated on January 1, 2011.

[16] On October 30, 2012, the Dallas County Commissioners Court voted 3-2 to grant domestic partnership benefits to city employees.

[19] 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.

[20] In June 1999, a gay rights activist asked Bexar County officials to establish a legal registry for those who want to declare themselves same-sex domestic partners.

[22] In April 2013, Texas Attorney General Greg Abbott 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 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.

[23] In response, the Austin Independent School District decided not to offer health benefits to the domestic partners of its employees.

[24] 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.

"[26] 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.

[29] In 2003, the legislature enacted a statute that made void in Texas any same-sex marriage or civil union.

On February 18, 2014, a same-sex couple, married in Washington D.C., filed for divorce and child custody lawsuit.

[48] 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.

[50] But the Texas Attorney General appealed, and on August 31, 2010, the Fifth Court of Appeals in Dallas reversed the lower court, ruling that the same-sex marriage ban does not violate the Equal Protection Clause of the Fourteenth Amendment, even when used to prevent a legally-married couple from obtaining a divorce.

[53][54][55] 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.

Map of Texas counties and cities that offer domestic partner benefits either county-wide or in particular cities.
City offers domestic partner benefits
County-wide partner benefits through domestic partnership
County or city does not offer domestic partner benefits