KHN – Same-sex marriage has been a contentious issue in Texas for decades, marked by legal battles, legislative actions, and shifting public opinion. As of June 26, 2015, same-sex marriage is legal in Texas, following the U.S. Supreme Court’s landmark decision in Obergefell v. Hodges. This ruling mandated that all states recognize and license marriages between same-sex couples. However, the journey to this point was fraught with challenges and opposition.
Early Legal Landscape
In 1973, Texas enacted its first statutory ban on same-sex marriage. This legislation was a direct response to a marriage license issued the previous year to Antonio Molina and William “Billie” Ert, a same-sex couple who managed to obtain the license due to Ert’s appearance in drag. The public outcry and subsequent legal battles led the Texas Legislature to define marriage explicitly as a union between a man and a woman. Governor Dolph Briscoe signed this definition into law on June 15, 1973.
Constitutional Amendments and Further Restrictions
The 1990s and early 2000s saw a reinforcement of Texas’s stance against same-sex marriage. In 1997, the Legislature passed a law prohibiting the issuance of marriage licenses to same-sex couples. This was further solidified in 2003 with the enactment of the “Texas Defense of Marriage Act,” which not only banned same-sex marriages and civil unions but also refused recognition of such unions performed in other jurisdictions.
The culmination of these efforts was the 2005 constitutional amendment, known as Proposition 2. Approved by Texas voters on November 8, 2005, this amendment defined marriage in the state constitution as “only of the union of one man and one woman” and prohibited the creation or recognition of any legal status identical or similar to marriage.
Legal Challenges and the Path to Recognition
Despite these prohibitions, advocates for marriage equality continued to challenge the state’s stance. A significant breakthrough occurred on February 26, 2014, when U.S. District Judge Orlando Luis Garcia ruled in De Leon v. Perry that Texas’s ban on same-sex marriage was unconstitutional under the Fourteenth Amendment. Judge Garcia stated that the state failed to identify any rational reason to deny same-sex couples the fundamental right to marry. However, he issued a stay on his ruling pending appeal, delaying its implementation.
The legal landscape changed dramatically on June 26, 2015, when the U.S. Supreme Court, in a 5-4 decision in Obergefell v. Hodges, declared that the denial of marriage rights to same-sex couples was unconstitutional. This decision effectively invalidated all state bans on same-sex marriage, including those in Texas. Following the ruling, county clerks across Texas began issuing marriage licenses to same-sex couples, aligning with the Supreme Court’s mandate (Texas Law Help).
Post-Legalization Developments
While the Obergefell decision was a monumental victory for marriage equality, it did not immediately erase all opposition within Texas. Some state officials and legislators expressed resistance, citing religious and moral objections. However, over time, compliance with the ruling became widespread, and same-sex marriages became a recognized and accepted part of Texas society.
Public opinion has also evolved. Polling data indicates a significant shift in attitudes, with a majority of Texans now supporting the legal recognition of same-sex marriages. This change reflects broader national trends toward acceptance and equality for LGBTQ+ individuals (Wikipedia).
Ongoing Challenges and the Future
Despite the progress made, challenges persist. In recent years, several states have introduced measures urging the Supreme Court to reconsider the Obergefell decision. Notably, in 2025, states like Michigan, Idaho, Montana, North Dakota, and South Dakota introduced measures seeking to overturn the ruling. While these resolutions are non-binding and do not guarantee a Supreme Court review, they highlight the ongoing debates surrounding marriage equality (Them).
In Texas, legislative efforts have included proposals to create “covenant marriages” limited to heterosexual couples, reflecting continued opposition in certain political spheres. However, as of now, same-sex marriage remains legal and recognized in the state.
Conclusion
The legalization of same-sex marriage in Texas is the result of decades of activism, legal challenges, and societal shifts. From early prohibitions and constitutional amendments to landmark judicial decisions, the journey toward marriage equality has been complex and multifaceted. While significant progress has been made, the ongoing debates and legislative actions serve as a reminder that the fight for equality and recognition continues.