Both cases were appealed by Texas Attorney General Greg Abbott. On April 23, 2014, Judge Barbara Nellermoe, of the 45th Judicial District Court of Bexar County, found that Texas's ban on same-sex marriage was unconstitutional. On February 26, 2014, Judge Orlando Luis Garcia, of the United States District Court for the Western District of Texas, found that Texas's ban on same-sex marriage was unconstitutional. In 2005, voters approved a referendum that added those restrictions to the Texas Constitution. Additional legislation in 2003 forbade the recognition of any same-sex marriages or civil unions. In 1997, Texas banned the issuance of marriage licenses to same-sex couples. HB 103 became effective on January 1, 1974.
In 1973, the Texas Family Code was amended by House Bill 103 to explicitly state that a marriage license may only be issued to a man and a woman.
Martin issued an opinion that, despite the lack of a specific prohibition against same-sex marriage in statute, it was not legally permitted. The first legal challenge to Texas' ban on marriage between two people of the same sex came in 1972 when Travis Co Attorney Ned Granger requested an opinion from Attorney General Crawford Martin on the legality of issuing such licenses. 8.1 Transgender Education Network of Texas.5.5 Stance on LGBT support organizations.4.4 Gender-affirming healthcare for minors.3.7.2 Public opinion on non-discrimination laws.3.6 University LGBT non-discrimination policies.3.5 School districts with LGBT inclusive policies.3.4.1 Status of non-discrimination protections in Texas' top 20 cities.2.2.1 2013 Texas Attorney General opinion.2 Recognition of same-sex relationships.1 Laws regarding same-sex sexual activity.However, some localities in Texas have ordinances that provide a variety of legal protections and benefits to LGBT people.ĭespite Texas' history as a socially conservative state, more Texans support same-sex marriage and anti-discrimination laws for LGBT people. Even though federal law prohibits employment discrimination based on sexual orientation or gender identity, there is no statewide law banning anti-LGBT discrimination. Gender identity is not included in the hate crime law. Texas has a hate crime statute that strengthens penalties for certain crimes motivated by a victim's sexual orientation, although it has never been invoked.
On June 26, 2015, the Supreme Court of the United States ruled bans on same-sex marriage to be unconstitutional in Obergefell v. Same-sex sexual activity is legal in the state. Lesbian, gay, bisexual, and transgender, queer (LGBT) people in Texas face legal and social challenges not faced by other people. No statewide anti-discrimination laws (city protections, nullified by the Religious Freedom Act The prohibition that Lawrence invalidated remains in statute it is unenforceable.