Gay marriage is presently not legal in Texas as the state constitution explicitly bans marriages and civil unions between members of the same sex. However, the constitutionality of the marriage ban may soon be challenged in the Texas State Supreme Court as two Texas couples – one in Dallas, one in Austin – bring their cases against the state. The Dallas couple had originally filed for divorce in 2009, having legally married in Massachusetts two years prior, but were denied by Greg Abbott of the Texas Attorney General's Office when he invoked DOMA.
Now that DOMA has been struck down the case is being brought back to court to test whether or not Texas will recognize legal out-of-state marriages as well as challenge the constitutionality of Texas family law. Abbott feels confident that the court cases will help prove that the Texas laws do not violate the U.S. Constitution when oral arguments begin in Austin on November 5th.
