Current Marriage Law Texas
A couple seeking a marriage license must apply at a Texas County Clerk’s Office. Once the license is issued, the couple must wait 72 hours before their marriage ceremony. In some circumstances, a waiver to this waiting period may be granted. The marriage license will expire after 31 days if no marriage ceremony is performed. Individuals aged 18 or older may get married without parental consent. Parental consent is required for 16 and 17 year olds.
The Texas constitution states that marriage is only allowed between one man and one woman. This limitation was added as a constitutional amendment on November 8, 2005. The amendment also forbids the state from recognizing out-of-state marriage relationships or domestic partnerships.
The lack of divorce options for couples in a same-sex marriage has become a pressing issue for family lawyers and judges throughout the state. Gay couples who have been married now have children and families, creating the need for divorce attorneys to help them dissolve their marriage equitably. Despite this growing need, Texas lawyers are barred by law from performing divorces for gay couples.
Not only does Texas not allow same-couples to marry, but the state does not provide options for them to divorce. In 2009, a Texas judge was assigned a divorce case for a gay Texas couple who had been married in Massachusetts. She found the law unconstitutional, providing the basis for a legal challenge to the same-sex marriage ban. However, the Fifth Circuit Court of Appeals found that the same-sex marriage ban did not violate the Equal Protection Clause of the 14th Amendment, and that Texas district courts lacked subject matter jurisdiction to hear cases related to same-sex divorce.
Public Endorsement of Gay Marriage Grows
Texas Marriage Laws: What the State Constitution says…
Sec. 32. MARRIAGE. (a) Marriage in this state shall consist only of the union of one man and one woman.
(b) This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.
(Added Nov. 8, 2005.)
You know I find it funny how the state will let young marrie old , black marrie white and and on and on but let a gay couple ask to get married and the world stops , people please get the hell over your self , if we choise it or not what gives any one the right to controle what gay people do yet i bet you would freak out if gays could controle what you do . We are only difrant becaus eyou the ‘ straight ‘ people have made up that way be putting us in a catagory that makes us diffrent . The true reason you dont want to let us live our life as we so deserve is becaus eyou yourself are having to live the straight life style when you yourself really want to be gay but you are scared of what the world would say or how you would be treated . Being a gay man myself i have been with more ‘straight ‘ men than gay but they just cant own up to being gay because they are scared of what people will think . And this is so sad that we the world would bring our kids up teahing thim to think and fill that way and not raise thim to live and let live and mind your own business , And we have the nerve to say we are all equal . Please you are so full of shit.
CHERYL were do u get off what u said is so fucking mest up LET GET ONE DAMN THING STRIGHT RIGHT NOW WE (GAYS) DID NOT CHOICE TO BE GAY WE ARE BORN GAY
If you was born that way and did not choose to be that way then pedophiles are born that way and therefore you cannot discriminate against a pedophile molesting your children. You also cannot discriminate against a person that is born a thief or murderer cause it isn’t their fault they were born that way. That is absurd. You was no more born a gay than I was born a thief! It is your choice and your sin.
Lorin, let’s just say for the sake of argument that paedophiles, thieves, and murderers all cannot help the way that they are and are just born that way. What makes them different from gay people? Gay people want to marry other gay adults, who can consent to a straight marriage at any point in time should they so choose.
Paedophiles who want sexual relationships with children are not allowed to because no child can consent to have a sexual relationship with ANY adult. Period.
Murderers and thieves all take things that don’t belong to them, so the consent is also not there.
Here is a good saying: “IF YOU DON’T LIKE IT, MOVE SOMEWHRE ELSE.” We all have that option.
Stop cramming YOUR lifestyle on US.
Get over it already. You knew from the beginning what the situation was. You decided to live YOUR WAY, and to hell with everyone else. So just live with it. That doesn’t mean that the rest of us have to bow down to you. IT WAS YOUR “CHOICE.”
I live in a small town way south in Texas my wife and I have Bern together for 4 yrs and been committed to another through a ceremony for 1 yr now and together we r raising our 4 kids we r hoping for one day we can renew our vowels in our home state and it be recognized as a legal marriage but as we see it its sad to say it might not happen in either one of our life times and we don’t want to move we love it here we are hoping that this republican conservative tun state will open up its eyes and get their heads in the right state of mind and see that legalizing gay marriage don’t hurt anyone or their morals we just want to be recongized as husband/husband wife/wife and overall a family if we have kids and be able to have the same benefits as straight couples do so I encourage ever Texan straight ally and of the lgbt community to get out their and have our voices heard that we demand change shout it out till we can’t be ignored anymore because if we don’t we might be amongst the state’s left standing who refuse to change
some people are gay get over it if u don't like it who cares nobody judges you for who u are so why would you judge them for who they are !!!!!
To All:
Julie you wrote:
"The issue of homosexual marriages is not just a religious one. While it is mainly and more strongly up held by religious people, it is an issue encompassing the society of family. Throwing out religious beliefs on marriage and looking at scientific studies alone show happier, healthier relationships and better morally and socially functioning children. There was a reason our race exists as male and female. Throwing caution to the wind on this issue is just the beginning of a downward spiral for our nation and the world! I am proud to be living in a state that doesn't encourage or support same-sex marriages."
For those reading, Julie is certainly entitled to her opinion.
Let's talk about something. Consider that there is nothing new in the realm of social interaction for human beings. All that is today has been in existance since humans began to socialize. The major difference is the technology with which we communicate and destroy oursleves daily.
There are two major types of families, one that a person chooses and one a person does not. WE all exist in this dichotomy of social relationships. For example as infants, even into adolescence, for many of us, we can not choose our families, whether we are born into them or not. As a cognitive person, not adult because this stage happens even as a child, we choose our families. Families, much to mine and the dismay of many are not always the loving nurturing environments we would like them to be. We choose friends, we choose people to be close to and those that we want to be close to us. There are dysfunctional parts of every family. Does that make them any less my family, dysfunctional, chosen, born or inherited? Absolutely not, but the key is to associate your self with the aspects of family that endear themost to you.
The gender of a person which does not necessarily include their identity should not matter to a family, but oft times it does. The actions of person should matter to a family but oft times it does not. So where does the line become drawn? Others would call actions they do not agree with as sin, but then so is "leave a penny take a penny" at your local gas station. If you walk past a homeless person asking for help that is a sin as well. Speeding is a sin, talking back to your elders with disrespect is a sin. There are women and men who have lost their spouses and have no one to take care of them or look in on them is considered a sin. So we can run down a list of "Don'ts" in our society. how about a list of "Do's"
The only Do that we need to be concerned about is to love one another, not hate, not like, not approve of, love one another. Love is a choice and really an act of sexual expression. Love is deciding to to better for someone other than yourself. Love is what we lack and need the most.
Let's try that, let's leave that legacy, because remember there is someone out there who considers your life a sin and wrong. They are justified, as you are, they are righteous as you are and they have a right to their opinion as you have.
Those fearing gay marriage will ruin the family core don't have to marry someone of the same sex. They are free to "preserve" their value system as they see fit. But just because one individual does not want to be in a marriage between similar sexes, doesn't give them the moral authority to prevent others from doing so, denying them the same pursuits of happiness entitled to all Americans.
This entire issue is bunk. I am a post-op transgendered woman. Thanks to those desirous to legislate impositions upon others of their personal opinions, I cannot marry a man. I could marry a woman and have a lesbian sexual relationship within the confines of statutory marriage while entering into a legal, loving heterosexual marriage is prohibited because the Lone Star State will never recognize my womanhood, despite a passport, driver's license and gynecologist's testimony otherwise.
To those who do not want to marry a same-sex individual, don't. But stop telling me what I can and cannot do based upon some Biblical "truths" or moral sanctimony. If what I do in my bedroom is of interest to you, get a life. How can love, such a rare and wonderful experience, between two human beings be illegal? It's enough already. Control freaks get a grip. The world is not a tidy place. It's pandemonium. Would you want it any other way? Predictable? Boring? Jeeeezzzz. Let us BE.
It makes me sad how far behind the USA is to the world, the south in particular. Did you know we the most conservative developed nation in the world. In Canada and the UK, there is no difference in rights or legality between a straight couple and gay could and a person can get trans surgery with the help of UNIVERSAL health care. And here we are trying to keep Mexicans out and stop people in love from getting married.
I am proud to say that my home city Austin has not legitaminzed gay marriage! Though it doesn't do much, as marriage is defined by the state, it is still a good step in the right direction! I am very proud of Austin, it's like a little bit of the North in the South and it's very refreshing to have this libral culture of acceptance!
50 years ago, racism was the norm and now it's a joke when people are racists. Everyone laughs at the "Anti Race Blending People," and anyone who felt that way feels stupid. I know that in 50 years, the same will be true with homophobia. And people being given less rights and people being harassed for their sexuality will be viewed as just another fuck up on America's part.
@ julie…. how the hell do you know that my future children will grow up disfunctional? who are you to judge any LGBTQ person without knowing them? religion and science have NOTHING to do with it! is human rights. basic human rights. you saying i cant get married because it violates your religion is like me saying you cant eat donuts because it violates my diet. its ridiculous! karma happens to those who have no compassion. let god judge me because guaranteed ill be the one granted heaven while you go to hell for judging. thou shalt not judge thy neighbor! even though im from massachusetts…. i find your comment extremely disrespectful and rude. not to mention self centered and ancient!
Here is a list of places in the world that allow gay marriage:
Argentina, Belgium, Canada, Denmark, Iceland, Netherlands, Norway, Portugal, South Africa, Spain, and Sweden, plus Quintana Roo and Mexico City in Mexico and CT, DC, IA, MA, NH, NY, and VT in the US.
Apparently this isn't some nutty radical concept we have.
I need to get out of this backwards state. I'm only 18 but I know I'm gay. I hope that by the time I find the girl I want to spend my life with, I'll be in a place where I can legally get married. I think it's ridiculous that people want to treat us as second class citizens and deny us our rights.
It's a shame this country claims to be the land of the free and at the same time deny the fundamental right of every person to pursue happiness. This country denied interracial marriages between blacks and whites, denied womens rights to vote all because of ignorance. It wasn't until pressure from the public then laws were passed to reverse those discriminational legislatures. EVERY person has the constiutional right to be happy. Why can't the government accept that. What the government is saying is if your difference is too great for them to accept or understand, they will not allow you to be happy. I am ashame the federal government for not stepping in and do the right thing. People should not have to move to other states because they want the same protection and benefits as heterosexual partners. There is NO true freedom in this country.
I live in Austin and to be honest i never wanted to get married, then i meet the love of my life, he asked me to be his and i said yes, but since we live in the state of texas we can not legally be together, i find this to be disgraceful. he has a great job here and my whole family is here, but we seem to have to move to another state and change our whole lifes if we really want to be together it is totally unfair on so many levels, he loves it in texas being his first state to live in since moving here from his home country, but to be happy we have to leave?!?!?!?!?!?!?!?
I live with my wife and our five children in el paso texas.
We love each other very much, and we adore our children, and work very hard to keep our family together and thriving.
Being from mexican descent, it is very hard to live life here, walking past snide comments, and knowing our children will one day here them as well.
I work just as hard as any man out there to support my family, and i also come home and cook, clean, do laundry, change diapers. None of our children's fathers bother to pick up a telephone and give their children a hi and hello.
How can society say i am not good enough, that just because i am a woman living life with my soulmate, who happens to be another woman, i am not allowed the rights i am entitled to? i pay taxes and follow rules, i raise my children with love compassion and integrity. Society needs to understand that tradition and organized religion are not basis for life. have understanding open ur eyes broaden your horizons, understand that love comes in any form.
I will continue to live my life and raise my children as i see fit. I will teach them compassion and understanding, i will allow them to form their own minds bodies and spirits. freedom is far more than living in america.
I dont know all about the political world, but Im smart enough to know (and realize) the problems our nation is facing because of this.
In our own constitution, THAT WE HAVE TO FOLLOW, it says to give equal rights to ALL.. So if a man and a woman can get married, they have that right. But, if a man and a man or a woman and a woman want to get married it is pegged as wrong or weird, which is wrong. Equal rights for all, thats what our constitution promises.
But don't get me wrong, I am a Christian. But I do think gay rights should be instated. If they are Americans, and they live here, they should get the same exact rights! I may not be gay, or anything ( I'm straight ) But I have nothing against them.
(Not entirly sure but.) Aren't the republicans the Christians? Correct me if Im wrong but, didn't we come here for religious freedom too? Since they are saying so many states are Republicans (which is fine I don't have much political views being my age). But doesn't that sorta come out saying these states are Christian in politics? But we are still enstated our religious believes. (which is good I'm not questioning it) But as some of you have said,
RELIGION SHOULD NOT BE IN POLITICS!
It is just screwing up our system.
But don't get me wrong I live in Texas, and I love it here. But since I'm not huge on politics, I didn't notice the Texas outlook on gay marrige rights, until I heard about one of my internet friends (she is bi ) and she posted about Obama's gay rights thing ( I haven't read about Obama's thing yet ) and I decided to see where Texas is in this stand.
Kinda makes me mad that our state is put as general that way.
But hearing that we are getting a little better is good, though this makes me want to write a letter to our congress. But I don't think they'd listen to me. But that's fine. I just might do it, to show SOME of the believes on the gay right side.
I know there are people out there who think they can take this away from the gay, bi, lesbian, and any other kind of sexuality I may have left out. (sorry if I left you out, I don't know all of them) And our rights also say we can believe whatever we want, so that's fine. But this is turning out to be like the slave times a little, if you think about it the slaves we not aloud all the rights as the white people where. Which was wrong and our government fixed it. Hopefully we can change the rules we have now to give EVERYONE there rights. It shouldn't matter what the color of your skin is, your race, your religion, OR your sexuality.
why cant texas approve of same sex marriage?? it would be so much easier that way. i am a lesbian. My girlfriend and i want to marry but the issue presses on because Texas does not allow same sex marriage. its very difficult. what could i do to allow it to happen in the stsate of texas?? is there anything that any of us can do to make this change???
Julie,
Wow it is really true what they say about southerners. You really are all bigots and racists, Why would you or anyone else want to take away any persons civil rights? It's straight people who breed gay people, because like you say gays can't reproduce. Hum what about the straight couples who can not have children naturally? It's God's will ain't it y'all? So how about we give up or ban fertilization clinics it's not natural.
Honestly with these laws I can only say one thing. As soon as I can I am moving out of this state with my girlfriend and moving to a place where I can happily say I am married and have all the benefits of being such. It's ridiculous to think that not only can I not get married but even if I try to get married and come back to live in Texas, my marriage would not be recognized. I can't wait for the day such a thing changes but as things are now I don't think it will happen while I'm still young. I can only hope that it happens soon enough that the next generation can benefit from it at the very least.
The issue of homosexual marriages is not just a religious one. While it is mainly and more strongly up held by religious people, it is an issue encompassing the society of family. Throwing out religious beliefs on marriage and looking at scientific studies alone show happier, healthier relationships and better morally and socially functioning children. There was a reason our race exists as male and female. Throwing caution to the wind on this issue is just the beginning of a downward spiral for our nation and the world! I am proud to be living in a state that doesn't encourage or support same-sex marriages.
Hm….gay people screw their kids up?
I've seen HUNDREDS of child abuse stories. I've never heard of a kid being beat by one of his/her two moms aor dads. Harassed and unaccepted by their moms. Raped by their dads. Ever.
Alcoholism in gay parents is at a much lower rate.
The suicide rate of kids raised by gay parents almost unheard of because they are so loved and accepted.
Straight parents get preganant by accident or take the fact that their a parent lightly. Gay parents have to fight like HELL to get parental rights. So, no, they won't fuck their kids up. They'll know their lucky every single day.
Well said paige. Julie go to hell
Very well said. More should read and politicians should take into consideration.
Good for Laura Bush! Texas is not as backward as people think. Once religion gets out of politics, the whole country can move forward. Enough with the hateful hypocritical right wing fascist bigots! If gay people don't have the same (EQUAL FOR ALL) rights as everyone else, then they should not pay the same taxes. Taxation without representation is un-American, no matter what the nut job religious ideologues think. We are a democracy, NOT a theocracy. Gay Rights = American Rights.
Well put Daniel. I live in Texas so I know just how great this state can be, but as a lesbian woman I'm facing the fact that the laws aren't going to change here any time soon- especially not in my lifetime. Texas is my hometown, but has proved to be too small minded to live the rest of my life here. Maybe one day Texas will rise from the old "southern" tradition and promote equality.
The U.S. is actually a Republic and not a Democracy. Educate yourself boyo.