Texas gay laws

Same-Sex Common Law Marriage in Texas

Family, Divorce & Children

This article addresses common rule marriage between lgbtq+ couples in Texas.

Composed by • Last Updated on January 12,

Learn about ordinary 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 access 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 contain, 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 proclamation 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

Texas' Equality Profile

Sexual Orientation

14%

of population
fully protected

of population only
partially
protected

Legend

State
Protections
County
Protections
City
Protections
No
Protections
Protections
Banned

County map only shows areas with entire protections for sexual orientation (i.e., discrimination prohibited in private employment, housing, and public accommodations)

City and County Numbers:

0 counties out of have an ordinance prohibiting discrimination based on sexual orientation in intimate employment, housing, and universal 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). Observe table below.

14% of the state population is protected against discrimination based on sexual

Texas Legislators’ Relentless Political Attacks Make Texas Unsafe for LGTBQ+ People

by HRC Staff •

With more than bills that would harm the LGTBQ+ community introduced in Texas and 25+ moving forward through the legislature, LGTBQ+ Texans wonder: is Texas our Texas?

AUSTIN, TX – Today, the Human Rights Campaign (HRC) — the nation’s largest lesbian, gay, double attraction, transgender and queer (LGBTQ+) civil rights organization — asks Texas legislators to STOP their unyielding 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 land. In Austin, as the legislature hits the frantic pace of its final weeks, anti-LGBTQ+ legislators are pushing discriminator

LGBTQIA+ Equality

The ACLU of Texas works to protect, defend, and expand the constitutional and civil rights of lesbian, gay, bisexual, trans, queer, intersex, and asexual (LGBTQIA+) Texans.

Texas is house 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 nonconforming Texans, and LGBTQIA+ youth.

We have worked with hundreds of LGBTQIA+ students and their families to advocate against discrimination in college, 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 nurture, we blocke