Article I, Section 32 of the Texas Constitution

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Added November 8, 2005:

(a) Marriage in this state shall consist only of the union of one man and one woman.

(b) This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.

Editor Comments

The Texas Attorney General, in Tex. Att'y Gen. Op. GA-l003 (2013), opined that this section "prohibits political subdivisions from creating a legal status of domestic partnership."

The United State Supreme Court, in Obergefell v. Hodges, 135 S.Ct. 2584 (2015), subsequently held that the federal constitution guarantees the right to marry to same-sex couples.

Not surprisingly, whether the landmark Obergefell decision completely invalidated both this section and a similar provision in the Texas Family Code is the subject of ongoing litigation.

Steve Smith

Recent Decisions

  • Pidgeon v. Turner, 538 S.W.3d 73, 89 (Tex. 2017) (citation & footnote omitted) ("Already, the Supreme Court has taken one opportunity to address Obergefell's impact on an issue it did not address in Obergefell, and there will undoubtedly be others. Pidgeon and the Mayor, like many other litigants throughout the country, must now assist the courts in fully exploring Obergefell's reach and ramifications, and are entitled to the opportunity to do so. . . . We reverse the court of appeals' judgment, vacate the trial court's temporary injunction order, and remand this case to the trial court for further proceedings consistent with our judgment and this opinion.")

Historic Decisions

None.

Library Resources

Online Resources