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Same-Sex Common Law Marriage in Texas

Family, Divorce & Children

This article addresses common law marriage between same-sex couples in Texas. 

Composed by TexasLawHelp.org • Last Updated on January 12, 2023

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Learn about common law marriage, if there are any differences for same-sex couples, and the effects of Obergefell (2015) and the federal Respect for Marriage Act(2022).

Can same-sex couples enter into informal or common law marriage?

Yes. Same-sex couples in Texas can enter into an informal marriage, also famous as a common regulation marriage. Texas allows parties in an informal marriage to hold, as their legal marriage date, the earliest date at which they satisfied all the requirements of an informal marriage.

Under the Texas Family Code, an informal or “common law” marriage may be proved with evidence that:

  • a declaration of marriage has been signed; or
  • the parties: (1) agreed to be married, (2) after the agreement, they cohabitated (lived) together in Texas as a married couple, and (3) represented themselves to others in Texas to be married.

All three requirements must occur simultaneously, alth

Johnathan Gooch did a lot of wishful thinking throughout this legislative session. Most recently, he’s been wishing for soundproof walls. 

“The worst thing about being homosexual in Texas right now is having neighbors, because I just want to scream all the time,” said Gooch, the communications director for Equality Texas, an LGBTQ+ rights advocacy group.  

This session, the group identified and tracked over 200 anti-LGBTQ+ bills, more than any other state in any point in history, Gooch said. A dozen of those bills were ultimately passed by the Legislature and have made it to Governor Greg Abbott’s desk or already been signed into law. Those various bills could threaten to negatively impact queer Texans with restrictions targeting public schools and healthcare and brand-new legal standards that could create unsafe environments for Gay people, particularly children. 

Though the deluge of anti-LGBTQ+ legislation isn’t anything new (in 2023, legislators filed 160 such bills), Gooch said that this session, the bills that gained the most traction tended to appear less overtly harmful. “[The harmful provisions are] sometimes buried in other bills or deal with complicated policy

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Same-sex marriage became legal in Texas in 2015 after the U.S. Supreme Court issued their verdict in Obergefell v. Hodges. This ruling required all states to issue marriage licenses to same-sex couples.

In 2022, the federal Respect for Marriage Act created statutory protections for same-sex marriages. This law requires all states to acknowledge valid same-sex marriages performed in another state. However, it does not necessitate a state to issue a lgbtq+ marriage license.

The marriage application process is the same for every couple in Texas.

  • United States v. Windsor — June 26, 2013
    The Court ruled that a federal law defining marriage as creature between one bloke and one girl was unconstitutional. The law was start to violate queer couples' rights to equal protection under federal laws.
  • Obergefell et al. v. Hodges, Director, Ohio Department of Health, et al. — June 26, 2015
    In this decision, the Supreme Court held that states must distinguish same-sex marriage. It required states to issue marriage licenses to same-sex couples.
  • Respect for Marriage Operate — H.R. 8404, Public Law 117-228, December 13, 2022
    This federal law prov

    LGBTQIA+ Equality

    The ACLU of Texas works to protect, defend, and grow the constitutional and civil rights of lesbian, gay, bisexual, trans, queer, intersex, and asexual (LGBTQIA+) Texans. 

    Texas is home to the second largest population of LGBTQIA+ people in the country, yet across the state, LGBTQIA+ Texans lack basic protections. Many deal with discrimination, harassment, bullying, and abuse in their daily lives simply for being who they are. This is especially true for the most vulnerable groups prefer LGBTQIA+ Texans of color, transsexual Texans, and LGBTQIA+ youth. 

    We contain worked with hundreds of LGBTQIA+ students and their families to advocate against discrimination in educational facility, and we developed a toolkit with our partners to enable young people to engage in direct advocacy. In 2023, Texas lawmakers proposed over 140 anti-LGBTQIA+ bills, with 7 of those bills passing. And in 2025, Texas lawmakers proposed over 200 anti-LGBTQIA+ bills, with eight of those bills passing.

    When the governor tried to target families of transgender youth who need gender-affirming medical care, we blocked these harmful actions by immediately challenging them in court, taking the fight t