Despite opposition from high-profile politicians, including Governor Greg Abbott, Senator Ted Cruz,[1] and Attorney General Ken Paxton, polling suggests that support for the legal recognition of same-sex marriage has increased since voters adopted the constitutional amendment in 2005, with a 2021 poll showing that 62% of Texans supported same-sex marriage.
[8] In December 2016, Senator José R. Rodríguez filed a bill to formally abolish the state's ban on same-sex marriages, but it was also unsuccessful.
[10] Representative Ana Hernandez introduced a bill to repeal the statutory ban in January 2023,[11] but it failed to pass before the end of the legislative session.
On November 8, 2005, Texas voters approved Proposition 2, a constitutional amendment that amended the Constitution of Texas 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".
Regarding due process and the denial of a fundamental right, he wrote that the state's ban must be reviewed under the strict scrutiny standard.
He ruled that the state had "failed to identify any rational, much less a compelling, reason that is served by denying same-sex couples the fundamental right to marry".
In November, the Fifth Circuit scheduled oral arguments for January 9, 2015 alongside a Louisiana case, Robicheaux v. George, and on December 12, it refused to lift the stay.
Oral arguments were heard on January 9 before Judges Patrick Higginbotham, Jerry Edwin Smith, and James E. Graves Jr.
The case was still pending in the Fifth Circuit when the U.S. Supreme Court ruled on June 26, 2015 in Obergefell v. Hodges that the denial of marriage rights to same-sex couples is unconstitutional under the Due Process and Equal Protection clauses of the Fourteenth Amendment.
[25] The ruling remanded the case back to Judge Garcia, with instructions to issue a final order striking down Texas's same-sex marriage ban.
Abbott called the Supreme Court "an unelected nine-member legislature", and issued a directive to state agencies demanding they that "preserve Texans' religious liberties".
[27] Chuck Smith, executive director of Equality Texas, said, "The 37 states that already have marriage have proven that when gay people share in the freedom to marry, families are helped and no one is hurt.
I am proud to lead a city that is home to numerous large businesses that have already embraced policies in support of gay and lesbian families.
Jon Truho and Larry Stern were the first same-sex couple to receive a license in San Antonio, the seat of Bexar County.
The first couple to receive one were Jack Evans, 85, and George Harris, 82, together for 54 years, who were later married by a member of their church, Judge Dennise Garcia.
Following the threat of a court order and action from County Attorney Vince Ryan, Stanart began issuing marriage licenses at 3 p.m. on June 26.
Attorney General Paxton issued an opinion supporting officials who refused to grant marriage licenses on religious grounds, in defiance of the Obergefell ruling.
Hensley filed a lawsuit in the 459th State District Court in Travis County citing the Religious Freedom Restoration Act, but it was dismissed in June 2021.
They held a wedding ceremony the following day in Houston, with Reverend Richard Vincent, a pastor at the Metropolitan Community Church, officiating.
On October 6, Wharton County Clerk Delfin Marek refused to record the marriage after discovering that both Molina and Ert were men.
On July 3, 2013, the Texas Supreme Court sua sponte ordered supplemental merits briefing in light of United States v.
The Texas Fourth District Court of Appeals granted an emergency motion by Attorney General Greg Abbott to stay Nellermoe's ruling.
[52] On May 28, Abbott's petition for a writ of mandamus was granted, vacating Nellermore's opinion on the ground that notice of the constitutional challenge was not given to the Attorney General as required by statute.
In November 2014, an Austin woman, Sonemaly Phrasavath, challenged Texas' ban on same-sex marriages after her spouse, Stella Marie Powell, died of cancer in early 2014.
Phrasavath sought a judgment that Texas' ban was unconstitutional and that she was entitled to a share of Powell's estate because their relationship met the legal definition of a common-law marriage.
[54] Attorney General Ken Paxton intervened to overturn his action, and the Texas Supreme Court issued a stay on February 19.
Following the U.S. Supreme Court's decision in Obergefell on June 26, Phrasavath filed a motion for summary judgment on August 25, 2015 to be able to inherit Powell's estate.
The Tribal Code of the Alabama–Coushatta Tribe states that "a valid marriage shall be between a man and a woman licensed, solemnized, and registered as provided herein."
"[63] While there are no records of same-sex marriages as understood from a Western perspective being performed in Native American cultures, there is evidence for identities and behaviours that may be placed on the LGBT spectrum.
Many of these cultures recognized two-spirit individuals who were born male but wore women's clothing and performed everyday household work and artistic handiwork which were regarded as belonging to the feminine sphere.