Universal Life Church Case Law
Phone: (614) 715-9048 Fax: (614) 715-9049
Email: info@ulccaselaw.com
ULC Case Law
1629 K Street NW, Ste 300
Washington, D.C. 20006


Texas Legislator Targets Same-Sex Marriage

December 21st, 2021

A Texas legislator is now attempting to pass a law that would abolish the right to marriage between same-sex individuals in the state.

In the summer of 2021, the state of Texas passed its controversial “heartbeat bill” addressing abortion and banning the procedure after 6 weeks, before most women know they are pregnant and with no exception for incest and rape. This legislation appears to have been just a starting poinA Texas legislator is now attempting to pass a law that would abolish the right to marriage between same-sex individuals in the state.t for one Texas legislator, who is now attempting to pass another law that would abolish the right to marriage between same-sex individuals in the state. 

In a recent letter addressed to the Attorney General of Texas, Texas legislator James White questioned whether state statutes can overrule federal laws. In the letter, White asked if the United States Supreme Court’s 2015 Obergefell decision requires the state to recognize marriage between same-sex individuals when Texas law still defines marriage as only involving one man and one woman. The Supreme Court in Obergefell found that same-sex couples have the right to marry.

The Impact of Obergefell

After the 2015 decision in Obergefell, over a quarter of a million same-sex couples have married. Additionally, many states have revised their state laws to allow for same-sex marriages. Texas, however, is one of the states that never modified its own state law marriage definition to conform with the Supreme Court’s decision allowing same-sex marriages nationwide. 

Legislative Efforts by Governor Abbott

Texas Governor Greg Abbott is a Republican who has made various laws attempting to limit the rights of LGBTQ+ individuals in the state. Most recently, the Governor passed a law that prohibits young adults who are transexual from participating in school sports teams that conform with their gender identity. For example, a transgender youth who was born as a girl but who identifies as a boy would be prohibited from playing on a boy youth softball team. Abbott also removed a resource page for LGBTQ+ about suicide prevention on the state government website.

Besides not revising its marriage laws in light of Obergefell, Texas’s Sodomy Law (Section 21.06 of the Texas Penal Code), which outlaws sodomy in the state remains on the state’s books even though the measure was found unconstitutional by the United States Supreme Court in 2003 in the landmark ruling Lawrence v. Texas

The Letter by Texas Legislator White

Texas legislator James White is a Republican who represents Texas’s District 19, which includes parts of Jasper, Newton Hardin, Pok, and Tyler counties, which are located in southeast Texas. Besides asking for clarification about Obergefell, White’s letter emphasizes that both the Constitution and Texas laws continue to define marriage as the union between one woman and one man. The letter also points out that the state of Texas has not revised its own marriage laws following Obergefell.  

The Future of Same-Sex Laws in Texas

It remains uncertain if Texas will be able to pass or uphold a law prohibiting same-sex marriage. It is, however, worth noting that the United States Supreme Court is much more conservative than it was a decade ago.

The Goal of the Universal Life Church’s Blog

The 2010s saw a period of substantial advancement regarding the rights of LGBTQ+ individuals as well as several setbacks. The 2020s will likely be just as profound a period of change for the LGBTQ+ population. Each week, the Universal Life Church’s blog focuses on documenting the most noteworthy of these cases.

Leave a Reply