Texas banned gay marriage

_{Editor’s note: This story has been updated throughout. Hodges.}

“Our kids will never have to grow up feeling like there’s an asterisk next to our marriage certificate,” DeLeon said.

They can also file joint federal tax returns and access various federal benefits, such as Social Security and military benefits.

Requirements for Marriage in Texas

To obtain a marriage license in Texas, all couples must meet specific requirements. Without marriage recognition or legal adoption, listing both parents remains legally vulnerable.

What happens if a same-sex couple marries in another state but lives in Texas?
Under current federal law, Texas must recognize valid marriages performed in other states.

Because fewer than four justices voted to hear the case, the Court let stand the lower court’s ruling and refused to revisit the constitutional right to same-sex marriage.

The risk isn’t just what laws say – it’s what states attempt to enforce while those laws are being challenged.

In this case, if Texas were to act against Obergefell, the courts would intervene. They alleged that Hensley violated a canon of judicial conduct, which prohibits judges from engaging in conduct outside their judicial role that could compromise their impartiality.

The judicial commission said in its warning that Hensley’s conduct cast doubt “on her capacity to act impartially to persons appearing before her as a judge due to the person’s sexual orientation.”

As a result, Hensley began a lawsuit.

“Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves.”

On behalf of the dissenters, Chief Justice John Roberts said the Supreme Court was wrongly intervening in the Democratic process through which state bans were put in place. Under the Supremacy Clause of the U.S. Constitution, federal law takes precedence over state law.

But during that legal process, families could find themselves in limbo – especially when trying to access benefits, assert parental rights, or engage with family courts that are unsure how to proceed.

What Would It Mean if Texas Banned Gay Marriage Again?

If Texas attempted to ban same-sex marriage again – whether through legislation, executive action, or constitutional amendment – it would create immediate legal and administrative uncertainty, even if such a ban were ultimately struck down.

The first and most pressing issue would be the status of existing marriages.

A second-parent adoption allows a non-biological parent to be legally recognized without terminating the rights of the biological parent. As a result, Obergefell remains the law of the land – for now.

This decision signals that a majority of the current Court is not ready to overturn marriage equality at this time, though conservative interest in revisiting other precedents remains a subject of debate among legal scholars.

It’s also worth noting that while Obergefell survives this challenge, the Court’s broader rulings on related civil rights issues – such as United States v.