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Texas gay marriage laws

Same-Sex Common Law Marriage in Texas

Family, Divorce & Children

This article addresses common rule marriage between gay couples in Texas. 

Composed by TexasLawHelp.org • Last Updated on January 12, 2023

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Learn about common law marriage, if there are any differences for same-sex couples, and the effects of Obergefell (2015) and the federal Respect for Marriage Act(2022).

Can same-sex couples enter into informal or common statute marriage?

Yes. Homosexual couples in Texas can enter into an informal marriage, also known as a common commandment marriage. Texas allows parties in an informal marriage to hold, as their legal marriage hang out, the earliest rendezvous at which they satisfied all the requirements of an informal marriage.

Under the Texas Family Code, an informal or “common law” marriage may be proved with evidence that:

  • a declaration of marriage has been signed; or
  • the parties: (1) agreed to be married, (2) after the agreement, they cohabitated (lived) together in Texas as a married couple, and (3) represented themselves to others in Texas to be married.

All three requirements must occur simultaneously, alth

Marriage Equality FAQ

This content is intended to serve as general information; it is not legal suggestions nor intended as legal advice.

The U.S. Supreme Court ruled in Obergefell v. Hodges that the constitutional right to marry extends to same-sex couples. As a result, LGBT Texans now savor the freedom to marry in Texas. What does that signify for you?

Do we need a Texas marriage license to obtain married in Texas?
Yes.

Where do we get our marriage license?
At any county clerk’s office anywhere in the state.

What do we desire to get one?
You have to appear in person before the county clerk, have a valid ID, fill out the application, and take the oath printed on the application.

What counts as a valid ID?
Driver’s license, passport, Certificate of U.S. Citizenship, Certificate of Naturalization, U.S. Citizen ID Card, Permanent Resident Card, and so on. Contact us for a comprehensive list of valid IDs.

Do I have to be a resident of Texas to get a marriage license?
No.

Do my partner and I have to apply together?
No. Any adult can apply on behalf of an absent applicant who is 18 or older.

How much does it cost for a marriage license?
Between $31 and $71, depending

Texas State
Law Library

Same-sex marriage became legal in Texas in 2015 after the U.S. Supreme Court issued their decision in Obergefell v. Hodges. This ruling required all states to issue marriage licenses to same-sex couples.

In 2022, the federal Respect for Marriage Act created statutory protections for same-sex marriages. This law requires all states to recognize valid same-sex marriages performed in another state. However, it does not require a state to issue a same-sex marriage license.

The marriage application process is the same for every couple in Texas.

  • United States v. Windsor — June 26, 2013
    The Court ruled that a federal law defining marriage as being between one man and one woman was unconstitutional. The law was found to violate same-sex couples' rights to equal protection under federal laws.
  • Obergefell et al. v. Hodges, Director, Ohio Department of Health, et al. — June 26, 2015
    In this decision, the Supreme Court held that states must recognize queer marriage. It required states to issue marriage licenses to same-sex couples.
  • Respect for Marriage Act — H.R. 8404, Public Law 117-228, December 13, 2022
    This federal law prov

    Same-Sex Marriage - Is Gay Marriage Legal in Texas?

    Yes! Marriage is 100% legal, recognized, and welcomed in Texas for lesbian, queer , bisexual, and gender diverse (LGBTQ+) couples. All marriage laws, as well as divorce laws, apply to all individuals in Texas regardless of their sexual orientation and gender self or expression.

    When did same-sex marriage turn into legal in the U.S.? 

    Gay marriage became legal in Texas, and in all 50 states on June 26, 2015, when the Supreme Court of the United States (SCOTUS) made its judgment in Obergefell v. Hodges.

    What Is the Process of Getting Married for LGBT In Texas? 

    The process for gay marriage in Texas is exactly the identical for gay and LGBT couples as it is for opposite-sex couples. With marriage equality in all 50 states, there is no separate “gay marriage law”. Same-sex marriage is legal in Texas and everywhere in the Joined States. Getting married in Texas involves: 

    • Obtaining a marriage license from the county you wish to be married in. 
    • Completing a 72-hour waiting period (waivable for military personnel and those who end a pre-marital learning program).
    • Having your marriage ceremony.
    • Have your officiant return you