Same-sex marriage has remained a contentious subject in Texas for years, shaped by legal disputes, legislative measures, and evolving public sentiment. Since June 26, 2015, same-sex marriage has been legally recognized in Texas, following the U.S. Supreme Court’s landmark ruling in Obergefell v. Hodges. This decision mandated that all states must license and acknowledge marriages between same-sex partners. However, the path to achieving this legal status was marked by considerable resistance and numerous obstacles.
Early Legal Framework
In 1973, Texas implemented its first legal prohibition on same-sex marriage. This law was enacted in response to a marriage license granted the previous year to Antonio Molina and William “Billie” Ert, a same-sex couple who obtained the license due to Ert presenting in drag. The public backlash and subsequent court challenges led Texas lawmakers to explicitly define marriage as a union between a man and a woman. Governor Dolph Briscoe officially signed this legislation into law on June 15, 1973.
Constitutional Amendments and Increased Restrictions
Throughout the 1990s and early 2000s, Texas reinforced its opposition to same-sex marriage. In 1997, state legislators passed a law explicitly forbidding the issuance of marriage licenses to same-sex couples. This stance was further cemented in 2003 with the passage of the Texas Defense of Marriage Act, which not only prohibited same-sex marriages and civil unions but also denied recognition of such unions conducted in other states.
The peak of these restrictive measures came in 2005 with the approval of Proposition 2, a constitutional amendment. Texas voters passed this amendment on November 8, 2005, defining marriage in the state constitution as strictly “the union of one man and one woman” and barring the creation or recognition of any similar legal arrangement.
Legal Challenges and the Road to Legalization
Despite these prohibitions, advocates for marriage equality continuously fought against Texas’s restrictive laws. A pivotal moment occurred on February 26, 2014, when U.S. District Judge Orlando Luis Garcia ruled in De Leon v. Perry that Texas’s same-sex marriage ban violated the Fourteenth Amendment. Judge Garcia asserted that the state had no legitimate justification for denying same-sex couples the fundamental right to marry. However, he placed a stay on his ruling, postponing its enforcement while appeals were pursued.
The legal landscape shifted dramatically on June 26, 2015, when the U.S. Supreme Court issued a 5-4 ruling in Obergefell v. Hodges, declaring that bans on same-sex marriage were unconstitutional. This decision invalidated all state-level restrictions on same-sex marriage, including those in Texas. In response, county clerks across Texas began issuing marriage licenses to same-sex couples, complying with the Supreme Court’s mandate (Texas Law Help).
Developments After Legalization
Although Obergefell represented a major victory for marriage equality, it did not completely eliminate opposition in Texas. Some lawmakers and officials voiced resistance, citing religious or moral objections. Nevertheless, over time, adherence to the ruling became widespread, and same-sex marriage became a recognized and accepted reality in Texas society.
Public sentiment has also evolved. Surveys indicate a notable shift in attitudes, with a majority of Texans now in favor of legally recognizing same-sex marriages. This shift aligns with broader national trends toward greater acceptance and equality for LGBTQ+ individuals (Wikipedia).
Continuing Challenges and Future Prospects
Despite the progress made, obstacles remain. In recent years, several states have proposed measures urging the U.S. Supreme Court to reconsider the Obergefell ruling. Notably, in 2025, states including Michigan, Idaho, Montana, North Dakota, and South Dakota introduced resolutions seeking to overturn the decision. While these measures are symbolic and do not compel the Supreme Court to act, they reflect ongoing debates over marriage equality (Them).
In Texas, some legislative proposals have sought to establish “covenant marriages” exclusive to heterosexual couples, demonstrating continued opposition within certain political circles. Nevertheless, same-sex marriage remains legally protected and recognized across the state.
Conclusion
The legalization of same-sex marriage in Texas was the culmination of decades of advocacy, legal disputes, and societal transformation. From early bans and constitutional amendments to groundbreaking court rulings, the path toward marriage equality has been complex and multifaceted. Although major progress has been achieved, continued debates and legislative efforts serve as reminders that the struggle for full equality and recognition is ongoing.
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