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{{DISPLAYTITLE:Article I, Section 32 of the Texas Constitution (''<small>"Marriage"</small>'')}}{{Texas Constitution|text=Added November 8, 2005: | {{DISPLAYTITLE:Article I, Section 32 of the Texas Constitution (''<small>"Marriage"</small>'')}}{{Texas Constitution|text=Added November 8, 2005: | ||
'''(a) Marriage in this | '''(a) Marriage in this State shall consist only of the union of one man and one woman.''' | ||
'''(b) This | '''(b) This State or a political subdivision of this State may not create or recognize any legal status identical or similar to marriage.''' | ||
|editor= | |editor= | ||
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The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2013/ga1003.pdf#page=6 GA-1003] (2013), opined that this section "prohibits political subdivisions from creating a legal status of domestic partnership." | The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2013/ga1003.pdf#page=6 GA-1003] (2013), opined that this section "prohibits political subdivisions from creating a legal status of domestic partnership." | ||
The United States Supreme Court, in ''Obergefell v. Hodges'', 576 U.S. [https://scholar.google.com/scholar_case?case= | The United States Supreme Court, in ''Obergefell v. Hodges'', 576 U.S. [https://scholar.google.com/scholar_case?case=5003540832790792912 644] (2015), subsequently held that the federal constitution guarantees the right to marry to same-sex couples. | ||
Note that whether the landmark ''Obergefell'' decision completely invalidated this section and a similar provision in the Texas Family Code has been the subject of additional litigation. | Note that whether the landmark ''Obergefell'' decision completely invalidated this section and a similar provision in the Texas Family Code has been the subject of additional litigation. | ||
|recent= | |recent= | ||
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* ''Frasher v. State'', 3 Tex.Ct.App. 263, [https://texaslegalguide.com/images/003_TexCtApp_263.pdf#page=14 276-77] (1877) ("It is, then, conceded that the states can prohibit the intermarriage of the races, and it therefore . . . . Can it be truly said that the law is illegal because the race sought to be protected by 'the amendments' and 'the Civil Rights Bill' is not punished? Civilized society has the power of self-preservation, and, marriage being the foundation of such society, most of the states in which the negro forms an element of any note have enacted laws inhibiting intermarriage between the white and black races. And the courts, as a general rule, have sustained the constitutionality of such statutes.") | * ''Frasher v. State'', 3 Tex.Ct.App. 263, [https://texaslegalguide.com/images/003_TexCtApp_263.pdf#page=14 276-77] (1877) ("It is, then, conceded that the states can prohibit the intermarriage of the races, and it therefore . . . . Can it be truly said that the law is illegal because the race sought to be protected by 'the amendments' and 'the Civil Rights Bill' is not punished? Civilized society has the power of self-preservation, and, marriage being the foundation of such society, most of the states in which the negro forms an element of any note have enacted laws inhibiting intermarriage between the white and black races. And the courts, as a general rule, have sustained the constitutionality of such statutes.") | ||
|seo_title= | |seo_title=Article I, Section 32 of the Texas Constitution ("Marriage") | ||
|seo_keywords= | |seo_keywords=Article 1 Section 32, Texas DOMA, same-sex marriage | ||
|seo_description= | |seo_description=This section declares that, in Texas, marriage "shall consist only of the union of one man and one woman." | ||
|seo_image_alt=Texas Bill of Rights | |seo_image_alt=Texas Bill of Rights | ||
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[[Category:Family Law]] | [[Category:Family Law]] | ||
[[Category:TxCon ArtI Sec]] | [[Category:TxCon ArtI Sec]] | ||