Statute[ edit ] In , the Texas Legislature prohibited the issuance of marriage licenses to same-sex couples. Perry[ edit ] Main article: Perry In November , a lesbian couple married in Massachusetts and an unmarried same-sex couple challenged the state's same-sex marriage ban. The case, De Leon v.
Regarding due process and the denial of a fundamental right, he wrote that the state's ban must be reviewed under the strict scrutiny standard. He ruled that the state has "failed to identify any rational, much less a compelling, reason that is served by denying same-sex couples the fundamental right to marry". Governor Rick Perry said: We will continue to fight for the rights of Texans to self-determine the laws of our state. Supreme Court ruled on June 26, , in Obergefell v. Hodges that the denial of marriage rights to same-sex couples is unconstitutional.
On July 1, the Fifth Circuit affirmed the district court judgment in favor of the plaintiffs. Garcia had already lifted the stay of his previous order hours after Obergefell was decided, and promptly issued the final order. She also set a May 29 custody hearing in San Antonio for the fight between the couple over custody of their daughter. Naylor[ edit ] In Austin, another same-sex couple married in Massachusetts filed for divorce, and the district court actually granted the divorce before the Attorney General could intervene.
Naylor held that the state had no right to intervene in the case, to challenge the divorce on appeal. The divorce has been granted, although the marriage has never been recognized by the State of Texas. Two days later, State District Judge David Wahlberg ordered the Travis County clerk to issue a marriage license to two women, Sarah Goodfriend and Suzanne Bryant, citing the severe illness of one of them. The license was issued and the women wed that day.
Tarrant County , Texas' third-most populous county, issued same-sex marriage licenses. Harris and Travis were the top counties for same-sex marriages in the state.