State

A minor reaches the age of majority at the age of seventeen (17) years.

Texas Penal Code Title 5. Offences Against the Person, Chapter 21. Sexual Offences [L1.2]

Sec. 21.11. Indecency with a child

(a) person commits an offense if, with a child younger than 17 years and not the person ’s spouse, whether the child is of the same or opposite sex, the person:

(1) engages in sexual contact with the child or causes the child to engage in sexual contact; or [...]

A minor may petition to have the disabilities of minority removed for limited or general purposes if the minor is:

• a resident of Texas;
• 17 years old, or at least 16 years old and living apart from the minor's parents or guardian, and
• is self-supporting and managing the minor's own financial affairs. Texas Family Code Chapter 31 [L1.1].

State

Artificial insemination and assisted reproduction procedures are available to all women [R1.1] who are married or single [L1.1].

Sec. 160.704. Consent to Assisted Reproduction. (a) Consent by a married woman to assisted reproduction must be in a record signed by the woman and her husband and kept by a licensed physician. This requirement does not apply to the donation of eggs by a married woman for assisted reproduction by another woman.

Sec. 160.754. Gestational Agreement Authorised.

(a) A prospective gestational mother, her husband if she is married, each donor, and each intended parent may enter into a written agreement providing that: [...]

(b) The intended parents must be married to each other. Each intended parent must be a party to the gestational agreement. [...]

Courts & Tribunals

On 10 February 2011, the Texas Court of Appeals ruled that the Harris County District Court had properly ordered the registration in Texas of a California decree involving a Houston gay male couple who were "intended parents" under a 2005 gestational surrogacy agreement, concluding also that the California decree, in the words of Chief Justice Sherry Radack, "qualifies as a child custody determination despite the absence of customary custody provisions on the face of the judgment" [C2.1], [R2.1].

Texas Family Code (TFC), Chapter 153, Sec. 153.001. Public Policy [L1.1]

(a) The public policy of this state is to:

(b) A court may not render an order that conditions the right of visitation on the payment of child support.

Texas does not use the term custody. It uses the term conservator.

An individual may be a joint managing conservator or a sole managing conservator of a child. TFC Chapter 153.005;

Courts & Tribunals

On 07 May 2013, Judge John Roach in the 296th District Court imposed a 'morality clause' in a custody dispute ordering that anyone who isn't related by 'blood or marriage' can't be around Carolyn Compton's children past 9 pm, effectively forcing her partner Page Price to leave the home within 30 days [C10.4], [R10.3].

On 24 June 2011, Harris County Associate Judge Charley E. Prine, Jr. issued a ruling which included an unprecedented injunction which prohibits a father from leaving his children alone with any man they aren’t related to "by blood or adoption" [R10.2].

In August 2000, in a custody suit, District Judge Bill Peek ordered that gay overnight guests were "an absolute prohibition," and he forbade any conversation with the child "about her dad's … homosexual relationship" [R10.1].

State

There is no State-wide legislation that recognizes same-sex partners for any purpose [R1.3].

On 11 February 2013, Sen. Juan Hinojosa introduced Senate Bill 480 (Relating to the formation of a civil union between persons of the same sex; providing penalties). To become law (1) it has to pass the House, (2) the Texas constitution has to be amended, (3) the Governor must sign it and (4) voters must approve it [L1.2], [R1.1].

County

On 30 October 2012, the Dallas County Commissioners Court voted 3–2 to approve a subsidy for the purchase or continuation of medical insurance which will be offered to any county employee's same-sex and opposite-sex partner and children as long as they provide evidence that they have lived together for at least six months or more [R2.3].

On 13 August 2012, El Paso County Commissioners voted to allow health benefits to same-sex partners for county employees at an estimated cost of just under $24,000 per year [R2.2].

On 17 December 1999, Travis County reportedly had apparently been accepting sworn "declarations of domestic partnership" however, Attorney General John Cornyn ruled County clerks were not authorized to file "same-sex marriage" agreements from gay and lesbian couples [R2.1].

Cities & Towns

On 15 September 2010, San Antonio passed a new 2012 budget 8–3 that included domestic partner benefits for city employees [R3.6].

On 14 June 2011, El Paso City Council reinstated health insurance benefits to gay and unmarried couples as well as other current and former city workers who were the unintended targets of a voter-approved ordinance [R3.5].

On 02 November 2010, an ordinance was passed by 55% of voters, stripping El Paso domestic partner benefits from gay workers, effective 01 January 2011. The ordinance may have also taken benefits away from retired police officers and elected officials [R3.4].

See also 4. Courts & Tribunals [R4.4]

On 02 November 2009, the city of Austin announced that it will start offering COBRA-like (The Consolidated Omnibus Budget Reconciliation Act) benefits to the same-sex domestic partners of city employees, giving them access to health care insurance in the event of job loss, divorce, or death [R3.3].

On 30 July 2009, El Paso City Council voted 6–1 to domestic partner extend health benefits to gay and unmarried heterosexual partners of municipal employees [R3.2].

Dallas reportedly provides domestic partners benefits to their employees [R3.2].

In November 2001, voters in Houston, approved amending the city charter to prohibit the nation's fourth-largest city from offering benefits to domestic partners of gay and lesbian municipal employees [R3.1].

Courts & Tribunals

On 23 May 2011, US District Court Judge Frank Montalvo ruled the ordinance intended to deny health benefits for same sex and unwed partners of El Paso city employees will stand. That means everyone who is not a city employee, including appointed judges, will no longer have benefits [R4.4].

On 03 March 2003, Judge Tom Mulvaney signed a divorce decree for Russell Smith, 26, and John Anthony, 34, a Beaumont couple granted a license of civil union in Vermont in February 2002 [R4.3].

On 26 March 2003, the Texas Attorney General filed a general petition in the District Court arguing that the divorce is unconstitutional and never should have been granted [R4.2].

On 31 March 2003, State District Judge Tom Mulvaney dismissed the divorce filing after Russell Smith, 36, requested his petition for dissolution be discharged [R4.1].

State

There is no State-wide law protecting against discrimination on the basis of sexual orientation [R1.2].

See also: "Texas – Sexual Orientation and Gender Identity Law and Documentation of Discrimination" [R1.1].

County

On 26 April 2011, Dallas County court of commissioners added sexual orientation to the county's workplace nondiscrimination policy [R2.1].

On 22 March 2011, the Dallas County court of commissioners added sexual orientation to the county's nondiscrimination policy [R2.1].

Cities & Towns

On 25 March 2010, Houston mayor Annise Parker issued an executive order banning discrimination against LGBT city employees [R3.7].

In August 2007, High Point Church in Arlington banned the funeral service of former US Navy serviceman Cecil Sinclair when they reviewed photos of Sinclair's memorial service which depicted aspects of his same sex relationship [R3.6].

In April 2003, El Paso City Council expanded its anti-discrimination ordinance to make discrimination based on sexual orientation or gender identity unlawful [R3.5].

On 08 May 2002, Dallas City Council voted almost unanimously to amend the Dallas City Code extending protection from discrimination on the basis of "sexual orientation" (defined to include "real or perceived gender identity") in employment, housing and public accommodations to gay, lesbian, bi-sexual and transgender residents of Dallas [R3.4].

In July 2001, the Houston City Council voted 10–4 for a law that will protect gay city employees, prohibiting discrimination by the city on the basis of sexual orientation, and discrimination over such factors as race and gender [R3.3].

In 1984, Houston's city council banned discrimination based on sexual orientation in city hiring, promotion, and contracting. Voters repealed the ordinance the following year. Mayor Lee Brown reinstated the policy by executive order in 1998 and the Texas Supreme Court dismissed a challenge to the policy in June 2001, letting the executive order stand [R3.2].

In September 2000, Fort Worth's anti-discrimination ordinance covers age, color, creed, disability, family status, gender, national origin, race, religion and from 26 September 2000 now sexual preference [R3.1].

Schools & Colleges

On 17 August 2010, St. Vincent's School in Bedford refused to enrol the daughter of Jill and Tracy Harrison, a lesbian couple married in Canada [R4.1].

State

In Texas, there is no legislation regulating the division of property when same-sex couples split up [R1.2].

In such instances, a property dispute would be resolved by mediation and the application principles of contract and trust law.

Same-sex couples should therefore put in place a partnership and property agreement prior to entering into a relationship [R1.1].

Courts & Tribunals

On 24 May 2011, 329th Wharton County District Judge Randy Clapp issued a draft order finding that "any marriage between Thomas Araguz and [male to female transgender] Nikki Araguz was void as a matter of law" and Thomas "was not married at the time of his death" and accordingly Araguz is not entitled to inheritance of $600,000 in death benefits and assets [R2.3].

Previously:

On 20 May 2011, State District Judge Randy Clapp was expected to rule on the transgender death benefits claim of widow Nikki Araguz in a week or so [R2.2].

On 23 July 2010, transgender widow Nikki Araguz was temporarily barred from collecting or spending death benefits from her husband, a firefighter who was killed in the line of duty earlier that month [R2.1].

See further under MARRIAGE: Courts & Tribunals

State

There is no State-wide law protecting against discrimination on the basis of gender identity [R1.3].

On 14 May 2013, the Senate passed SB 1218, a Bill that would prevent people from obtaining a licence with a document that lacks photographic identification and dramatically affect transgender residents seeking a marriage licence. The Bill still needs to pass both a House panel and the full chamber by Tuesday 21 May [L1.2], [R1.1].

County

On 26 April 2011, the Commissioners Court added "transgender, gender identity, and gender expression" to the county's existing laws against workplace discrimination [R2.1].

Cities & Towns

Dallas, Fort Worth [R3.1], El Paso and Houston City Councils have anti-discrimination codes enacted.

Courts & Tribunals

On 26 May 2011, 329th Wharton County District Judge Randy Clapp signed the order voiding the marriage between Thomas Araguz and Nikke Araguz [C4.5], [R4.4].

On 24 May 2011, 329th Wharton County District Judge Randy Clapp issued a draft order finding that "any marriage between Thomas Araguz and [male to female transgender] Nikki Araguz was void as a matter of law" and Thomas "was not married at the time of his death" [R4.3].

On 27 October 1999, the Texas Court of Appeals concluded that a male-to-female transsexual: "as a matter of law, Christie Littleton is a male. As a male, Christie cannot be married to another male. Her marriage to Jonathon was invalid, and she cannot bring a cause of action as his surviving spouse" [C4.2].

The Texas Supreme Court refused to hear an appeal of that ruling [R4.1].

State

Texas Statutes, Code of Criminal Procedure, Chapter 42. Judgment and Sentence [L1.3]

Art. 42.014. Finding that Offence was Committed because of Bias or Prejudice

(a) In the trial of an offense under Title 5, Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code, the judge shall make an affirmative finding of fact and enter the affirmative finding in the judgment of the case if at the guilt or innocence phase of the trial, the judge or the jury, whichever is the trier of fact, determines beyond a reasonable doubt that the defendant intentionally selected the person against whom the offense was committed or intentionally selected property damaged or affected as a result of the offense because of the defendant ’s bias or prejudice against a group identified by race, color, disability, religion, national origin or ancestry, age, gender, or sexual preference […] Effective 01 September 2001.

On 11 May 2001, Governor Rick Perry signed the James Byrd, Jr. Hate Crimes Act into law, creating harsher penalties for those who commit crimes against members of the gay, lesbian, bi-sexual and transgender community and other minority groups [R1.2].

On 07 May 2001, the Senate voted 20–10 to approve the bill that increases the penalties for committing a crime based on hatred or bias [R1.1].

State

The Health & Safety Code Chapter 81.102 [L1.1] provides that –

"A person may not require another person to undergo a medical procedure or test designed to determine if a person has HIV/Aids unless:

The Health & Safety Code Chapter 81.103 [L1.1] provides that –

HIV/AIDS test results are confidential. It is a class A misdemeanor to release test results:

Courts & Tribunals

In 1996, a judge ordered a man with AIDS to obtain written consent from all future sex partners as part of his probation in a car theft conviction. The form reads in part, "Although I realise I am potentially risking my own life, I nonetheless desire to engage in sexual relations with the abovenamed individual" [R2.1].

State

On 26 June 2003, following the US Supreme Court ruling in Lawrence v. Texas, consensual sex between same-sex couples became lawful [C2.8].

The same-sex sodomy law remains on the statute books in Texas, despite the June 2003 ruling in the US Supreme Court.

See: 2. Courts & Tribunals

The now unconstitutional Section 21.06 of the Texas Penal Code, the "homosexual conduct" statute, which was passed in 1974, states that:

(a) person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex.

(b) An offense under this section is a Class C misdemeanor [L1.4].

The Texas Health & Safety Code Chapter 85.007 authorizes Texas agencies to create Education Programs for Minors ("persons younger than 18 years of age") which programs shall

"(2) state that homosexual conduct is not an acceptable lifestyle and is a criminal offense under Section 21.06, Penal Code" [L1.3]

On 17 April 2013, the Senate Criminal Justice Committee voted 5–0 to repeal the state's anti-gay sodomy law, a decade after the U.S. Supreme Court declared it unconstitutional. The bill was sent to the full Senate for a vote [L1.2], [R1.1].

Courts & Tribunals

On 26 June 2003, the US Supreme Court ruled in Lawrence v. Texas that the Texas Penal Code, Section 21.06 was unconstitutional , Lawrence v. Texas, 539 U. S. 558 (2003) [C2.8].

In the 6–3 decision, the Supreme Court ruled that the Texas law against "deviate sexual intercourse with another individual of the same sex" is an unconstitutional violation of privacy [R2.8].

The ruling reverses course from a ruling 17 years ago that states could punish homosexuals for what such laws historically called deviant sex.

Previously:

In December 2002, the US Supreme Court announced it would consider whether states can punish homosexuals for having sex. The case in effect was a test of the constitutionality of sodomy laws in 13 states. The justices reviewed the prosecution of two men under a 28-year-old Texas law making it a crime to engage in same-sex intercourse [R2.7].

On 17 July 2002, Lambda Legal filed an appeal in the US Supreme Court on consitutional grounds [R2.6]. It needed four justices to accept the case, five to decide it [R2.5].

On 17 April 2002, the nine judges on the Texas Court of Criminal Appeals refused to consider an appeal, which was filed by a national gay rights group called Lambda Legal [R2.4].

On 15 March 2001, the 9-member 14th court of appeals upheld 7–2 the state's sodomy law [R2.3].

On 08 June 2000, the court of appeals ruled 2–1 that the state's anti-sodomy law unconstitutional, throwing out the criminal case against two Houston men arrested in 1998 for having sex with each other [R2.2].

In November 1998, two were charged under the state's sodomy statute for engaging in consensual sex in a private residence [R2.1].

State

Texas Statutes Family Code, Title 1. The Marriage Relationship, Subtitle A. Marriage [L1.12].

Chapter 2. The Marriage Relationship, Subchapter A. Application for Marriage Licence

Sec. 2.001. Marriage Licence. (a) A man and a woman desiring to enter into a ceremonial marriage must obtain a marriage license from the county clerk of any county of this state.

(b) license may not be issued for the marriage of persons of the same sex.

The Texas Constitution, Article 1. Bill of Rights, Section 32. Marriage [L1.11].

"MARRIAGE. (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.

(Added Nov. 8, 2005)"

On 14 May 2013, the Senate passed SB 1218, a Bill that would prevent people from obtaining a licence with a document that lacks photographic identification and dramatically affect transgender residents seeking a marriage licence. The Bill still needs to pass both a House panel and the full chamber by Tuesday 21 May [L1.10], [R1.9].

On 03 May 2010, a trans woman who was born male and her longtime girlfriend were legally married in San Antonio after previously being denied a marriage license in El Paso [R1.8].

In November 2009, Houston attorney Barbara Ann Radnofsky, a Texas candidate for attorney general, argued that an amendment made to the state's constitution (§32(b) above) to ban gay marriages has actually made all marriages illegal [R1.7].

On 03 April 2003, the Senate committee on State Affairs approved SB 7, which would ban the state from recognizing same-sex civil unions [R1.6].

In November 2002, House Bill 38 known as the defense of marriage act would if passed ban the state from recognizing same sex marriages or civil unions. The bill has failed at least three times before [R1.5].

In May 2002, the Epstein Chapel of Temple Shalom Jewish synagogue in North Dallas carried out its first blessing of a same-sex union with Cantor Don Croll officiating [R1.4]

On 21 May 2001, legislation banning same-sex marriages or civil unions performed in other states died in the bill-scheduling House Calendars Committee, the panel's chairman said [R1.3].

On 02 April 2001, the house of representatives voted unanimously Monday to approve an amendment to a bill on marital property laws that bans recognition of same-sex marriages [R1.2].

In August 2000, Bexar County reportedly was to issue a marriage license to two Houston women because one of the women is a transsexual and is considered a man under Texas law [R1.1].

See also: 2. Courts & Tribunals

Courts & Tribunals

In late November 2011, District Court Judge Lori Chrisman Hockett refused to nullify the marriage of James Lee Scott and Rebecca Louise Robertson. Robertson had sought the nullification on the basis that Scott was born biologically female and Texas does not recognize same-sex marriage. She instead ruled that their breakup should proceed as a divorce – which will allow Scott, who is physically disabled from scoliosis, a chance at a fair share of the couple’s property [C2.17], [R2.16].

On 14 November 2011, Nikki Araguz, the transgender widow of a Texas firefighter, lodged an appeal against Wharton County District Judge Randy Clapp's decision that found their marriage invalid and denied her his death benefits [R2.15].

On 26 May 2011, 329th Wharton County District Judge Randy Clapp signed the order voiding the marriage between Thomas Araguz and Nikke Araguz [C2.14], [R2.13].

On 24 May 2011, 329th Wharton County District Judge Randy Clapp issued a draft order finding that "any marriage between Thomas Araguz and [male to female transgender] Nikki Araguz was void as a matter of law" and Thomas "was not married at the time of his death" [R2.12].

On 07 January 2011, Justice Diane Henson in the appellate court, joined by Justices Woodie Jones and David Puryear, ruled that Attorney General Greg Abbott may not intervene in a Travis County same-sex divorce case, a finding that lets stand for now the divorce of Angelique Naylor and Sabina Daly who were married out of state but does not affect Texas' ban on gay marriage [C2.11], [R2.10].

In December 2010, a gay couple in Texas that were married via Skype last month by a DC celebrant to circumvent Texas same-sex marriage laws were notified in a letter from the DC Superior Court that their union is invalid [R2.9].

On 31 August 2010, the 5th Texas Court of Appeals ruled that a Dallas district court judge didn't have the authority to hear a divorce case involving two Dallas men who married in Massachusetts in 2006. Gay couples legally married in other states cannot get a divorce in Texas, where same-sex marriage is banned [R2.8].

On 21 April 2010, the Attorney General's Office argued before the three-judge 5th Texas Court of Appeals panel that as same-sex marriage isn't recognized in Texas, divorce cannot be granted and such unions can only be voided and that the parties lack standing to file a divorce case because they're not married [R2.7].

In April 2010, Texas attorney general Greg Abbott said he would appeal a second gay divorce granted to Angelique Naylor and Sabina Daly in order to protect heterosexual marriage in the state [R2.6].

In March 2010, District Judge Scott Jenkins in Austin upheld a divorce granted to Angelique Naylor and Sabina Daly who married in Massachusetts in 2004 [R2.5].

In February 2010, the attorney general Greg Abbott intervened in a same-sex divorce case, saying that two women married in Massachusetts cannot divorce in Texas because state law defines marriage as a union between a man and a woman [R2.4].

On 01 October 2009, Dallas state District Judge Tena Callahan ruled that two men married in Massachusetts could be divorced, notwithstanding a constitutional ban on same-sex marriage. Judge Callahan declared that the state's ban on same-sex marriage violated equal protection under the law [R2.3].

On 31 March 2003, District Judge Tom Mulvaney dismissed a divorce request filed by two men who obtained a civil union in Vermont last year and were attempting to have it dissolved in Texas after Russell Smith, 36, requested his petition for dissolution be discharged.

On 26 March 2003, a general petition filed in the district court by Attorney General Greg Abbott argued that because Texas doesn't recognize same-sex marriages, the recent same-sex divorce of Beaumont men John Anthony and Russell Smith never should have happened [R2.2].

On 03 March 2003, Judge Tom Mulvaney signed a divorce decree Monday for Russell Smith, 26, and John Anthony, 34, a Beaumont couple granted a license of civil union in Vermont in February 2002 [R2.1].

On 27 October 1999, the Texas Court of Appeals concluded that a male-to-female transsexual "as a matter of law, Christie Littleton is a male. As a male, Christie cannot be married to another male. Her marriage to Jonathon was invalid, and she cannot bring a cause of action as his surviving spouse" [C2.1].

State

In Texas, gay couples are able to adopt children jointly [R1.4].

• A suit terminating the biological parent's rights must first be instituted before a suit for adoption can take place.
• An adoption case may be instituted as a one-step procedure by joining the termination and adoption causes of action, or by a two-step procedure in which the separate adoption suit follows a termination suit.
• As a general rule, it is advisable to keep the procedures for termination and adoption separate.
• Texas judges will not grant a termination of parental rights until there is a parent who is willing to adopt the child. Texas Family Code, Chapter 162 [L1.5]

Single persons and same-sex couples can foster children however if the the question of an applicant's sexuality is raised, the court may refuse to make an order [R1.4].

In December 2002, House Bill 194, from Rep. Robert Talton, R-Pasadena, if passed, would require that the Protective and Regulatory Service, which approves foster parents, ask applicants if they are homosexual. If they answer yes, they would be disqualified. If no, a "reasonable investigation" will be conducted to ensure they are, indeed, heterosexual [R1.3].

In December 1998, Rep. Warren Chisum, R-Pampa, a West Texas legislator, sponsored a bill that would ban gays and lesbians from becoming foster parents or adopting children in state custody [R1.2].

In 1998, a Texas social worker was reprimanded and demoted for removing a foster child from the home of a lesbian couple seeking to adopt him [R1.1].

Courts & Tribunals

On 03 May 1999, the Plano-based Liberty Legal Institute, which focuses on family and constitutional issues, filed the motion on behalf of Rebecca Bledsoe, a Child Protective Services supervisor who said she was demoted after removing a 3-year-old boy from a lesbian couple's home in Dallas two years ago [R2.1].

State

On 17 June 2011, Governor Perry signed anti-bullying bill HB 1942 (effective immediately) which doesn't include specific protections for LGBT youth but for the first time requires school districts to adopt anti-bullying policies and adds bullying by electronic means to the state's definition [R1.3]. Section 9 provides that the Act's provisions apply beginning with the 2012-2013 school year on 01 September 2012.

As at December 2010, current Texas law mandates that schools include language prohibiting bullying in student codes of conduct, however there is little on the books saying how schools should go about doing that and even less to give a clear definition of what constitutes bullying [R1.2].

Any unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, submission to which is made a term or condition of a person's exercise or enjoyment of any right, privilege, power, or immunity, either explicitly or implicitly constitutes "sexual harassment" [R1.1].

Sexual harassment in employment situations, either by someone of the opposite sex or of the same sex, is prohibited in Texas.

It is a class A misdemeanor for a public official to subject another individual to sexual harassment.

In Texas, there is no anti-vilification legislation [R1.1].

State

Texas Statutes, Civil Practice and Remedies Code, Title 4. Liability in Tort, Chapter 71. Wrongful Death [L1.1] provides that —

Sec. 71.004. Benefitting from and bringing action. (a) An action to recover damages as provided by this subchapter is for the exclusive benefit of the surviving spouse, children, and parents of the deceased.

Courts & Tribunals

On 26 May 2011, Judge Randy Clapp ruled that the surviving transgender widow of a firefighter killed in the line of duty is not entitled to death benefits because she was born male [C2.2], [R2.1].