Members of the LGBTQIA+ community face unique challenges when it comes to protecting their marriage rights in Texas. Same-sex marriage became legal in Texas in 2015, a result of the monumental shift in the legal landscape after the U.S. Supreme Court issued its decision in Obergefell v. Hodges. This ruling mandated that all states must issue marriage licenses to same-sex couples.
In December 2022, Congress passed the Federal Respect for Marriage Act, which creates federal statutory protection for same-sex marriages. The new federal law does not require states to issue certificates for same-sex marriage as the Obergefell ruling states, but it does require all states to recognize same-sex marriages performed in other states.
The Supreme Court of Texas ruled in Pidgeon v. Turner in 2017 that although same-sex marriage had been legal in Obergefell, Texas courts still have the right to explore the “reach and ramifications” of the landmark ruling. A Houston court dismissed this case in February 2019. The plaintiffs are currently appealing the trial court’s decision. However, the Supreme Court’s ruling protects gay, lesbian, and transgender Texans’ right to marry in Texas.
What Happens if the County Clerk’s Office Refuses to Give Me a License or Sign My Marriage License Application Because They Object to Marriage Between LGBTQIA+ Individuals?
Although discriminating against members of the LGBTQIA+ community regarding issuing marriage licenses is illegal, LGBTQIA+ members may still face prejudicial attitudes. Although the Supreme Court’s ruling in Obergefell did not specifically address the obligations of county clerks regarding marriage, its ruling does require civil severance to follow the law and treat LGBTQIA+ members as they would other applicants for a Texas marriage license.
Although everyone is entitled to their personal religious beliefs, they do not have the right to use personal beliefs to harm others by discriminating against them. Employees at the clerk’s office are acting on behalf of the state of Texas. As a result, they are required to treat same-sex partners equally under the law. If you have been denied a marriage license because you are in a same-sex partnership, please contact the ACLU of Texas.
Who Can Perform a Wedding for an LGBTQIA+ Couple?
Under Texas law, only certain people are eligible to perform weddings. Registering as a wedding officiant or having a wedding officiant license is not required, but they must be qualified to conduct a marriage ceremony under Texas law. Only certain individuals can officiate at a marriage ceremony in Texas. The following people can qualify as an officiant:
- A licensed Christian minister or priest
- A Jewish rabbi
- A current, former, or retired federal or state judge
- A person who is an officer of a religious organization and who is authorized by the organization to conduct a marriage ceremony
Officiants must be qualified to officiate a wedding, but there is no requirement to register with the state before performing the ceremony. If you would like a friend or family member to officiate the wedding, they must meet the abovementioned requirements. Some people may choose to become officers of a religious organization for the purpose of officiating a wedding. In Texas, it is a Class A misdemeanor or a third-degree felony to officiate a ceremony knowingly as an unauthorized person.
I Have Lived with My Partner in Texas Since Before the Obergefell Ruling: Are We Common Law Married?
Many LGBTQIA+ were living with each other as a married couple for a long time before gay marriage was legalized in 2015. understanding what qualifies as a common law marriage under Texas law can help you understand your rights as an LGBTQIA+ couple. Under Texas law, a common law marriage is considered an informal marriage.
For a couple to have a common law marriage in Texas, they must have lived together as a married couple and represent to others that they are married. They also need to agree with each other that they are married. If you have lived with your partner for a short or long time, that does not automatically mean you have entered into a common-law marriage.
The Supreme Court does not address common-law marriage in the Obergefell ruling. However, the 14th Amendment of the Constitution’s equal protection Clause requires Texas to treat a common law relationship like any other if you have entered a common law marriage. Still, if you feel you are being denied the right to be seen as a married couple, contacting an attorney who can help you protect your rights is important.
What if We Were Married Outside of Texas?
Texas generally recognizes a formal marriage conducted according to the laws of any state or foreign country. This same rule applies to LGBTQIA+ couples who were married in other states. Suppose you were legally married in another state or country, and a Texas court or government agency is refusing to recognize your out-of-state marriage because you are in a same-sex partnership. In that case, it is important to contact an attorney.
Regardless of where you were married, same-sex spouses now have access to local and state judicial forums related to separation, divorce, and the custody of any children of the couple. Before Obergefell, the state of Texas would not allow family courts to grant divorces to same-sex couples, leaving same-sex families in limbo. They could also not obtain legal orders separating their property or specifying their child custody arrangements. Obergefell does not directly rule on the divorce of same-sex couples.
However, the ruling makes same-sex marriages the same, legally speaking, as marriages between heterosexual couples. That does not mean courts always apply the law fairly. Suppose you were denied equal treatment because of your gender identity, sexual orientation, or gender expression in the context of a divorce. In that case, it is essential that you reach out to an attorney who can protect your rights.
Discuss Your LGBTQIA+ Marriage Rights With an Experienced Attorney in Texas
Attorney Vonda Covington has an in-depth understanding of Texas laws related to the LGBTQIA+ community marriage and divorce. If you have questions, do not hesitate to contact Covington Law Firm, PLLC, to schedule an initial consultation and learn more about how we can protect your rights.
