For years, the question of whether same-sex couples could legally marry in the state of Texas was a contentious issue. In 2005, the Texas Constitutional Amendment, which defined marriage as solely between one man and one woman, was passed by the state’s voters. However, in 2015 the U.S. Supreme Court issued their verdict on Obergefell v Hodges, legalizing same-sex marriage throughout the country, including Texas.
The history of same-sex marriage in Texas
Before 2015, the Texas Family Code (Chapter 2, Subchapter A) defined marriage as a civil contract between a man and woman. Additionally, the Texas Constitution (Article 1, Section 32) passed in 2005, affirmed the traditional definition of marriage as a union of one man and one woman and banned the recognition of same-sex marriages carried out in other states.
In 2013, multiple same-sex couples sued the state of Texas to challenge its constitutional amendment and Family Code that prohibited them from getting married. However, a district court judge dismissed their case, and the judgment was later upheld by the Fifth Circuit Court of Appeals. The couples then took their case, Obergefell v Hodges, to the Supreme Court, which made same-sex marriage legal throughout the country, including Texas, with a 5-4 landmark decision.
Same-sex marriage in Texas after the Obergefell case
Since the Supreme Court’s decision, same-sex couples can marry legally in Texas, and Texas also recognizes same-sex marriages that were performed in other states. Furthermore, all government offices, including Texas courthouses, must issue marriage licenses to all couples, regardless of gender.
Even though same-sex couples are now legally allowed to marry in Texas, some clerks, judges, and magistrates express difficulty with the idea of same-sex marriage, and some have refused to issue marriage licenses to same-sex couples. However, the Supreme Court’s ruling makes it illegal to discriminate against same-sex couples, and those who refuse to issue marriage licenses based on religion or personal beliefs can face legal consequences.
How to get a marriage license for same-sex couples in Texas
To get a marriage license in Texas, couples need to meet certain criteria. They should present government-issued identification proof, such as a passport or driver’s license, proof of social security numbers, and documentation of any prior marriages and divorces. Applicants do not need to be Texas residents to receive a marriage license.
Couples also have to pay an application fee, which varies by county. After completing the application, the couple must wait 72 hours before the marriage license becomes valid and can be used to formalize the marriage. The license is valid for 90 days, and after that time, it will expire and will require reapplication.
Conclusion
Ever since the Obergefell v Hodges decision, same-sex marriage is now legal throughout the entire United States, including Texas. Government offices, such as courthouses, must issue marriage licenses to all eligible couples, regardless of gender. While there are still individuals or groups that have reservations about same-sex marriage, it is vital that all couples are treated equally under the law. As such, Texas’s recognition of same-sex marriage is a significant step towards the fight for same-sex rights and equality.
FAQ
Can a gay couple have a common law marriage?
Yes, a gay couple can have a common law marriage provided that they meet the requirements for a common law marriage in their state. Common law marriage, also called marriage without formalities, is a legal relationship that arises from the behavior of the parties. Instead of obtaining a marriage license and having a ceremony, the parties indicate their intention to be married by living together, presenting themselves as a married couple, and conducting their affairs as a married couple.
In the past, common law marriage was recognized only between a man and a woman in some states. However, in recent years, there has been a shift in the legal landscape, and same-sex couples are now recognized as eligible for common law marriage in all states.
The U.S. Supreme Court decision in Obergefell v. Hodges held that the United States Constitution requires that same-sex couples be permitted to enter marriage on the same terms as different-sex couples. This means that same-sex couples can enter into a common law marriage just like opposite-sex couples.
To establish a common law marriage, the parties must meet the requirements of their state. Most states require that the parties:
– Are of legal age to marry
– Are mentally competent to consent to the marriage
– Are not already married to someone else
– Have the intent to be married
– Have lived together for a certain period of time (the time period varies by state)
– Hold themselves out to the public as a married couple
If the parties meet these requirements, they can establish a common law marriage regardless of their gender or sexual orientation. However, it is important to note that not all states recognize common law marriage, and those that do may have different requirements or rules.
A gay couple can have a common law marriage as long as they meet the requirements of their state and establish the legal relationship through their conduct. The legal landscape has shifted to recognize same-sex couples as eligible for common law marriage, and the U.S. Supreme Court has held that same-sex couples must be allowed to enter marriage on the same terms as different-sex couples.
What is the law for marriage license in Texas?
In Texas, obtaining a marriage license is a required legal step in order to get married. The law requires that both the man and woman applying for the license must present valid forms of identification. This can include a driver’s license, passport, military ID, or certified copy of a birth certificate. Additionally, the Social Security number for each person must also be presented.
It is important to note that in order to obtain a marriage license in Texas, the couple must both be at least 18 years old. Individuals under the age of 18 can still marry in Texas, but only with parental consent and a court order.
Once the marriage license is obtained, there is a wait period of 72 hours. This means that the couple cannot be married until at least 72 hours have passed from the time the license was issued. There are some exceptions to this rule, such as if the couple has completed a state-approved premarital education course.
The marriage license is valid for up to 90 days from the date it was issued. If the couple does not get married within this timeframe, they will need to obtain a new marriage license.
In addition to these requirements, it is important to remember that Texas law prohibits certain marriages. For example, marriages between close relatives such as siblings, parents and children, and half-siblings are not allowed. Additionally, marriage to someone who is already married or under the age of 16 is also prohibited in Texas.
The process of obtaining a marriage license in Texas is fairly straightforward as long as all the requirements are met. It is important to remember that marriage is both a legal and emotional commitment, and should not be taken lightly.
Can you be legally married in Texas without a marriage license?
Yes, you can be legally married in Texas without a marriage license through a common law marriage. It is also known as marriage without formalities or informal marriage. According to the Texas law, a couple can be considered married even without the solemnization of the marriage by a licensed authority as long as they satisfy certain conditions.
To establish a common law marriage in Texas, a couple must first agree to be married. This means that both parties must express their intention to be married to each other. A mere suggestion or hint of wanting to get married is not enough to establish a common law marriage.
The second requirement is that the couple must live together in Texas as husband and wife. This means that they must cohabitate and present themselves to the public as a married couple. Living together requires more than just staying in the same house. The couple must share finances, support each other and behave as a married couple.
The third and final requirement is that the couple must hold themselves out to the public as married. This means that they must present themselves as married to others, and allow others to believe that they are married.
It is essential to understand that a common law marriage in Texas has the same legal effect as a formal, ceremonial marriage. This means that the couple inherits the same legal rights and responsibilities as a couple that is formally married. The couple will have to obtain a divorce to dissolve the marriage, which involves dividing property and determining child custody and support.
To summarize, it is possible to be legally married in Texas without a marriage license through a common law marriage. The couple must agree to be married, cohabitate and present themselves as a married couple, and hold themselves out to the public as married. A common law marriage in Texas has the same legal effect as a formal, ceremonial marriage and can only be dissolved by a divorce.
