Texas Marriage Laws
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.)
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.
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.