Texas  

State Information

Government Website:

Outline of State Law
Current Status of Law Concerning Marriage and Date of Passage 2003 - State Law Passed  2005 - Constitutional Amendment 
State Law Prohibits/Voids Same Sex/Same Gender Marriage yes  yes 
State Law Defines Marriage between a Man and a Woman yes  yes 
State Law Denies Recognition of Same-Sex Marriages Solemnized in Other States yes  yes 
State Law States that Same Sex Marriage is not Aligned with State Public Policy yes   no 
State Law Defines "Spouse" as Referring Only to a Person of the Opposite Sex Who is Married as Husband or Wife no  no 

Statutory Provision

Texas Family Code. Chap. 6, § 204. Recognition of Same-sex Marriage or Civil Union

(a) In this section, "civil union" means any relationship status other than marriage that:

(1) is intended as an alternative to marriage or applies primarily to cohabitating persons; and

(2) grants to the parties of the relationship legal protections, benefits, or responsibilities granted to the spouses of a marriage.

(b) A marriage between persons of the same sex or a civil union is contrary to the public policy of this state and is void in this state.

(c) The state or an agency or political subdivision of the state may not give effect to a:

(1) public act, record, or judicial proceeding that creates, recognizes, or validates a marriage between persons of the same sex or a civil union in this state or in any other jurisdiction; or

(2) right or claim to any legal protection, benefit, or responsibility asserted as a result of a marriage between persons of the same sex or a civil union in this state or in any other jurisdiction.

Constitutional Provision

Texas Const. Art. I, § 32.

(a) Marriage in this state shall consist only of the union of one man and one woman.
(b) This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.

U.S. Senators
US Senators and their Comments on FMA

John Cornyn, Republican
http://cornyn.senate.gov/
This senator was elected in 2002, therefore not present for the federal DOMA In 1996. He voted for the Marriage Protection Amendment in 2004 and 2006.

Kay Hutchison, Republican
http://hutchison.senate.gov/
This senator voted for the federal DOMA in 1996 and for the Marriage Protection Amendment in 2004 and 2006.

State Public Policy Organizations Working on Marriage Issues

Free Market Foundation



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