Texas banned gay marriage

Ally Mutnick contributed to this report.

Alexa Ura reported for The Texas Tribune from 2013 to 2023. Courts in other states will generally honor Texas adoption decrees or custody orders, but enforcement becomes harder if the non-legal parent lacks documentation.

How does Texas treat donor sperm or egg agreements in same-sex parenting cases?
Texas does not have comprehensive statutes governing third-party reproduction in same-sex relationships.

Would Texas attempt to void them retroactively? Authorized officiants include licensed or ordained ministers, priests, rabbis, and current or retired federal or state judges.

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. 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.

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.

This means same-sex couples can marry, divorce, and access the same legal rights and benefits as opposite-sex couples.

Judge Dianne Hensley has filed a lawsuit asking courts to overturn Obergefell v. It wasn’t a hypothetical meant for debate. Before this ruling, Texas had explicitly banned same-sex marriage through both state statute and a constitutional amendment.

It’s not something to be brushed aside as if it were nothing,” Vic Holmes, one of the plaintiffs in the case, said before proposing to his longtime partner, Mark Phariss.

Though the couple was already planning a November wedding, Phariss accepted. Once granted, it secures:

• Equal legal authority for both parents
• Full custody rights during a breakup
• Access to the child’s medical, educational, and legal records
• Inheritance rights and survivorship protections

Without this step, a non-biological parent could be denied custody or visitation – even after years of co-parenting – especially if the legal status of their marriage is questioned or ignored.

How It Works in Texas

Texas permits second-parent adoption, but the process varies by county.

A second-parent adoption allows a non-biological parent to be legally recognized without terminating the rights of the biological parent. 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.

Celebrate the opportunity for a new expression of commitment to a partner,” Roberts wrote. “Celebrate the availability of new benefits.