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The Bryant Law Firm

Same Sex Marriages

Are same-sex marriages legal in Texas?



In 2015, the Supreme Court of the United States ruled that bans on same-sex marriages were unconstitutional, legalizing them across the United States. Prior to that time, the Texas Constitution provided that the only marriage in the state of Texas “shall consist of only the union of one man and one woman.”

Essentially, the Supreme Court Ruling gave same- sex couples the same rights as heterosexual couples.

Same-sex couples now have the same property rights as married heterosexual couples. All assets and all debts incurred during the time a couple is married are to be divided between the spouses in a divorce.

If you were married in a state other than Texas prior to the Supreme Court ruling, you should not encounter any undue process issues if you are seeking a domestic partnership or same-sex marriage divorce. The key is being able to prove the date you were married through an official union of some kind, even in another jurisdiction.

Although same-sex marriage rights have been protected in Texas, state laws do not protect employees from discrimination in the workplace due to their sexual orientation or their gender identity. This can place increased pressure on same-sex couples and can be one of the contributing factors leading to a marriage dispute or a reason to file for a divorce. Also, state law does not protect same-sex marriage couples from housing discrimination. Although bills were in place at one time in the Texas legislature, they all died in committees.

The Bryant Law Firm proudly serves Harris County and the surrounding communities of Galveston, Fort Bend, Brazoria, and Montgomery Counties.

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