Anti-relationship recognition constitutional amendment; a federal judge has ruled that the amendment is unconstitutional, and the decision is now on appeal to the 5th Circuit Court of Appeals, with the ruling stayed.


On February 26, a federal judge ruled in favor of the freedom to marry in Texas, striking down the state's anti-marriage constitutional amendment. The decision was in DeLeon v. Perry, in which two same-sex couples sought the freedom to marry and respect for their out-of-state marriages in Texas. The decision was quickly appealed by Gov. Rick Perry and Attorney General Abbott to the U.S. Court of Appeals to the 5th Circuit. An oral argument is scheduled in the case before the 5th Circuit for January 9, 2015. Although plaintiffs have asked for the stay to be lifted in the ruling so that same-sex couples can marry while the appeal is considered, Judge Garcia denied the request, leaving the matter to the 5th Circuit.

As the case makes its way up through the courts and appeals process, Texas residents across the state will continue to do the work of having conversations about why marriage matters and creating a climate for victory.

Read more about marriage litigation in Texas.


In 2005, anti-gay forces in Texas pushed through Proposition 2, a constitutional amendment that excludes same-sex couples from marriage and prohibits same-sex couples from attaining any other form of legal family status. 


  • Texas for Marriage is a campaign from Freedom to Marry in partnership with Equality Texas focused on increasing support for the freedom to marry in TX. 
  • Equality Texas is a statewide political advocacy organization working to advance the cause of equality for all Texans.
  • Freedom to Marry is the campaign to win marriage for same-sex couples nationwide.


In the past, support for the freedom to marry in Texas was below 40% but today a plurality of Texans (48%) now support marriage for same sex couples. (Texas Tech University, April 2014)


According to The Williams Institute's analysis of the 2010 U.S. Census, 46,401 same-sex couples are living in Texas, representing 5.2 same-sex couples per 1,000 households.

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Amici Briefs to the 5th Circuit in ‘DeLeon v. Perry,’ Texas Marriage Case

This fall, the U.S. Court of Appeals for the 5th Circuit will consider the appeal of a February 2014 ruling in favor of the freedom to marry in Texas. Dozens of "friends of the court" have filed briefs in the case, De Leon v. Perry, urging the 5th Circuit to affirm the ruling and pave the way for the freedom to marry in Texas.

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