Texas banned gay marriage
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While Obergefell v. This means same-sex couples can marry, divorce, and access the same legal rights and benefits as opposite-sex couples. “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.
It provides full legal recognition of the parent-child relationship and ensures that parental rights don’t rely on marriage status, biological ties, or shifting political winds.
What It Is
Second-parent adoption allows a non-biological parent to adopt a child without terminating the rights of the biological or first legal parent.
But that presumption is tied to the recognition of the marriage itself.
If Texas were to stop recognizing same-sex marriage, that legal presumption could disappear. Hodges still stands, it’s not unreasonable to imagine a scenario where Texas attempts to push back – creating confusion and conflict for families and courts.
This article breaks down the legal consequences of such a move, especially as it relates to same-sex parenting, and highlights the protections that families in Texas should consider now.
The Legal Foundation: Federal vs.
Would Texas attempt to void them retroactively? Once granted, the adoptive parent has the same standing as a biological parent in custody, visitation, and decision-making matters. On Friday, the gay couples’ attorney, Neel Lane, said he still expected a decision from the 5th Circuit “but the outcome is now clear.”
The case will now be a “footnote in history rather than a chapter in history,” Lane said.
June 26 was already a historic day for gay rights activists.
Waiting until a dispute arises – or until marriage protections are challenged – can leave non-recognized parents with limited or no legal recourse.
Could This Happen? In practice, this means that even if Texas enacted a ban, it would likely be deemed unconstitutional by federal courts.
That said, the path from a new state law to a federal injunction isn’t always immediate.
For same-sex couples raising children, it is the most effective legal tool to preserve both parents’ rights, regardless of what happens in the courts or legislature.
FAQs about Same-Sex Parenting and Marriage Law in Texas
Can Texas refuse to list a non-biological same-sex parent on a birth certificate?
Texas has previously attempted to deny non-biological same-sex parents a place on their child’s birth certificate, especially in cases where the couple was not married or had not completed an adoption.
Once there’s a dispute, the legal system becomes much less flexible – and much more focused on paperwork over parenting history.
Legal Tools LGBTQ+ Parents Should Secure Now
In Texas, same-sex couples raising children cannot rely solely on marital status to secure parental rights – especially in a shifting legal environment.
Skrmetti (a 2025 case upholding a Tennessee ban on certain medical treatments under the Equal Protection Clause) – demonstrate that the Supreme Court’s current majority is willing to limit other protections under federal constitutional frameworks.
On the political front, efforts to undermine marriage equality continue in several states, and Republican-led legislative platforms have reiterated support for revisiting federal rulings like Obergefell.
This legal recognition remains valid even if marriage laws change.
Co-Parenting Agreements
Although not binding in the same way as a court order, written parenting agreements can help demonstrate the couple’s intentions. “We are married and Texas has to accept that.”
Ally Mutnick contributed to this report.
Alexa Ura reported for The Texas Tribune from 2013 to 2023.
“There is nothing in the language of the Constitution that even remotely suggests that homosexual marriage is a constitutional right.”
Same-sex breakup in Texas: What happens if marriage is no longer legally recognized?
Last week, someone asked me what would happen if Texas disallowed gay marriage again – specifically, how that would affect a lesbian couple with a child if they broke up.
In 2019, Hensley was publicly sanctioned for refusing to officiate at same-sex weddings. Celebrate the opportunity for a new expression of commitment to a partner,” Roberts wrote. Hodges.
Handing gay rights advocates a monumental victory, the U.S. Supreme Court on Friday ruledthat marriages between couples of the same sex cannot be prohibited by states, a decision that overrides Texas’ long-standing ban on gay marriage.
In a 5-4 ruling, the high court found that same-sex couples have a constitutional right to marry and that states must license a marriage between two people of the same sex.
Applicants must generally be at least 18 years old; however, individuals between 16 and 18 may marry with parental consent or a court order, and those under 16 require a court order. “No Texan is required by the Supreme Court’s decision to act contrary to his or her religious beliefs regarding marriage,” Abbott said.
Authorized officiants include licensed or ordained ministers, priests, rabbis, and current or retired federal or state judges.
Then, the Texas Supreme Court amended the judicial canon to note that “it is not a violation of these canons for a judge to publicly refrain from performing a wedding ceremony based upon a sincerely held religious belief.”
How is Judge Dianne Hensley trying to overturn same-sex marriage?
In her attempt to reverse same-sex marriage, Hensley has asserted that the original Obergefell v.
Davis – involved a former Kentucky county clerk, Kim Davis, who refused to issue marriage licenses to same-sex couples in 2015. During that time, same-sex couples could face serious legal uncertainty.
There is precedent for this kind of push-pull between federal and state power.