Same-sex marriage in Texas

Same-sex marriage is currently not legal Texas. On February 26, 2014, Judge Orlando Garcia, of the United States District Court for the Western District of Texas, found that Texas's ban on same-sex marriage was unconstitutional. 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. Both cases are being appealed by Texas Attorney General Greg Abbott.

Statute
In 1997, the Texas legislature prohibited the issuance of marriage licenses to same-sex couples. In 2003, the legislature enacted a statute that made void in Texas any same-sex marriage or civil union. This statute also prohibits the state or any agency or political subdivision of the state from giving effect to same-sex marriages or civil unions performed in other jurisdictions.

During the legislature's 2013 regular session, House Bill 1300 by Representative Lon Burnam would have repealed the same-sex marriage prohibition; however, the bill died in the State Affairs committee of the house of representatives. Senate Bill 480 by Senator Juan Hinojosa would have repealed only the civil union prohibition; however, this bill also died in committee.

Constitution
On November 8, 2005, Texas voters approved Texas Proposition 2 that amended the state constitution to define marriage as consisting "only of the union of one man and one woman" and prohibiting the state or any political subdivision of the state from creating or recognizing "any legal status identical or similar to marriage." The Save Texas Marriage political action committee, which opposed the amendment, argued before the vote that the poorly drafted amendment would ban all forms of marriage, a view the Texas attorney general rejected when the language was considered by the Texas senate. Kelly Shackleford, the president of the Free Market Foundation and a supporter of the amendment, said, "The words clearly recognize marriage in Texas as between a man and a woman...." and do not ban marriage in general.

During the legislature's 2013 regular session, House Joint Resolution 77 by Representative Rafael Anchia, House Joint Resolution 78 by Representative Garnet Coleman, and Senate Joint Resolution 29 by Senator José R. Rodríguez would have repealed the constitutional definition of marriage; however, all these resolutions died in their respective committees.