Texas gay laws
Same-Sex Common Law Marriage in Texas
Family, Divorce & Children
This article addresses common statute marriage between queer couples in Texas.
Composed by • Last Updated on January 12,
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Learn about shared law marriage, if there are any differences for queer couples, and the effects of Obergefell () and the federal Respect for Marriage Act().
Can same-sex couples go in into informal or common law marriage?
Yes. Same-sex couples in Texas can enter into an informal marriage, also known as a common law marriage. Texas allows parties in an informal marriage to carry, as their legal marriage date, the earliest date 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 announcement 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 m
LGBTQIA+ Equality
The ACLU of Texas works to protect, defend, and expand the constitutional and civil rights of lesbian, gay, bisexual, trans person, queer, intersex, and asexual (LGBTQIA+) Texans.
Texas is residence to the second largest population of LGBTQIA+ people in the country, yet across the state, LGBTQIA+ Texans lack basic protections. Many face discrimination, harassment, bullying, and violence in their daily lives simply for being who they are. This is especially true for the most vulnerable groups like LGBTQIA+ Texans of color, gender diverse Texans, and LGBTQIA+ youth.
We have worked with hundreds of LGBTQIA+ students and their families to advocate against discrimination in academy, and we developed a toolkit with our partners to empower young people to engage in lead advocacy. In , Texas lawmakers proposed over anti-LGBTQIA+ bills, with 7 of those bills passing. And in , Texas lawmakers proposed over anti-LGBTQIA+ bills, with eight of those bills passing.
When the governor tried to target families of transgender youth who need gender-affirming medical look after, we blocke
Texas Legislators’ Relentless Political Attacks Make Texas Unsafe for LGTBQ+ People
by HRC Staff •
With more than bills that would harm the LGTBQ+ collective introduced in Texas and 25+ advancing through the legislature, LGTBQ+ Texans wonder: is Texas our Texas?
AUSTIN, TX – Today, the Human Rights Campaign (HRC) — the nation’s largest lesbian, gay, bisexual, genderqueer and queer (LGBTQ+) civil rights organization — asks Texas legislators to End their relentless attack on LGTBQ+ Texans. Anti-equality legislators in Texas have introduced more than anti-LGTBQ+ bills, and more than 25 are currently advancing through the legislature. While the bills themselves will directly harm LGTBQ+ people and their families if passed, the environment created by the debate and discussion of these bills is already causing harm.
Texas alone is responsible for more than 20% of the anti-LGTBQ+ bills that have been introduced in state legislatures across the country. In Austin, as the legislature hits the frantic pace of its final weeks, anti-LGBTQ+ legislators are pushing discriminator
Texas' Equality Profile
Sexual Orientation
of population
fully protected
of population only
partially
protected
- State
Protections - County
Protections - City
Protections - No
Protections - Protections
Banned
Legend
County map only shows areas with full protections for sexual orientation (i.e., discrimination prohibited in private employment, housing, and common accommodations)
City and County Numbers:
0 counties out of have an ordinance prohibiting discrimination based on sexual orientation in private employment, housing, and public accommodations (full protections).
7 cities have an ordinance prohibiting discrimination based on sexual orientation in private employment, housing, and public accommodations (full protections).
5 municipalities, not including those listed above, have an ordinance prohibiting discrimination based on sexual orientation in private employment, housing, or public accommodations (only partial protections). See table below.
14% of the state population is protected against discrimination based on sexual