Soulsby Law serves clients in San Antonio, Bexar County and throughout the state.

Is same-sex marriage different in Texas?

On Behalf of | Jan 29, 2020 | LGBTQ Family Law

First of all, congratulations are in order if you are considering marriage. Second, you probably have nothing to worry about when it comes to the letter of the law. Same-sex marriages here in Texas follow the same rules as do all others. 

In fact, as you may read in the Texas ACLU marriage-equality handbook, same-sex marriage is legal across the United States thanks to a 2015 U.S. Supreme Court decision. However, as you may unfortunately be aware, this change did not modify the attitudes of every official at every level of government. Prejudices persist, especially against transgender individuals and other marginalized members of the LBGTQ community. 

You and your betrothed could potentially safeguard against this type of ignorance by coming prepared with all of the necessary documents. A key concern is proving your identity during the application. Here are some of the acceptable forms of ID: 

  • Court orders regarding name or sex changes, certified or original 
  • Current photo ID issued by the Department of Homeland Security or the Department of State 
  • Driver’s licenses or ID cards from any state 
  • Passports or consular documents 

You could also prepare and bring documents in excess of the basic requirements. This way, if a state official had a reason — legal or otherwise — to doubt the validity of one of your options, you could provide another. However, as per the ACLU, you may also want to report interactions that you believe violated your civil rights. 

It might be worth mentioning that neither you nor your betrothed need be residents of the Texas county in which you intend to marry. If you decide to come to one of the larger cities for your wedding, such as Austin, San Antonio, Dallas or Houston, you could also file the official marriage documents there. Nobody wants to feel as though they are caving in to negative societal pressure, but, at least in this case, the more pleasant option may also be the more practical.