Texas Sex Laws

statutes.legis.state.tx.us

http://www.constitution.legis.state.tx.us/

Last update:   9/7/2014

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http://en.wikipedia.org/wiki/Same-sex_marriage_law_in_the_United_States_by_state

Ignacio Sergio Acosta v. state of Texas, 05-1574

Adult bookstore operator busted for marketing a dildo to undercover officers.

FAMILY CODE

TITLE 1. THE MARRIAGE RELATIONSHIP

SUBTITLE A. MARRIAGE

CHAPTER 1. GENERAL PROVISIONS

SUBCHAPTER A. DEFINITIONS

Sec. 1.108.  PROMISE OR AGREEMENT MUST BE IN WRITING.  A promise or agreement made on consideration of marriage or nonmarital conjugal cohabitation is not enforceable unless the promise or agreement or a memorandum of the promise or agreement is in writing and signed by the person obligated by the promise or agreement.

We think that this authorizes cohabitation agreements, but consult a Texas attorney.

FAMILY CODE

TITLE 1. THE MARRIAGE RELATIONSHIP

SUBTITLE A. MARRIAGE

CHAPTER 2. THE MARRIAGE RELATIONSHIP

SUBCHAPTER A. APPLICATION FOR MARRIAGE LICENSE

Sec. 2.001.  MARRIAGE LICENSE.  (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)  A license may not be issued for the marriage of persons of the same sex.

From:

http://www.freedomtomarry.org/pages/marriage-rulings-in-the-courts

DeLeon v. Perry

2/26/14 • Federal Court Ruling

Federal court decision declaring that same-sex couples in TX have the freedom to marry and marriages performed in other states must be respected. Ruling on hold pending appeal to the 5th Circuit Court of Appeals.

On February 26, U.S. District Judge Orlando Garcia ruled in De Leon v. Perry that Texas's ban on same-sex marriage is a "state-imposed inequality," striking them down. He immediately stayed the effect of his ruling, pending an appeal. Texas Attorney General Greg Abbott said that he will appeal the ruling to the U.S. Court of Appeals for the 5th Circuit.

Texts :

Texas Constitution - Article 1. Bill of Rights - Section 32 - 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.

Texas Family Code - TITLE 1. The marriage relationship

Chapter 2. The marriage relationship - Section 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) A license may not be issued for the marriage of persons of the same sex.

Chapter 6. Suit for dissolution of marriage - Section 6.204. Recognition of same-sex marriage of union.

(a) In this section, "civil union" means any relationship status other than marriage that: (1) is intended as an alternative to marriage or applies primarily to cohabitating persons; and

(2) grants to the parties of the relationship legal protections, benefits, or responsibilities granted to the spouses of a marriage.

(b) A marriage between persons of the same sex or a civil union is contrary to the public policy of this state and is void in this state.

(c) The state or an agency or political subdivision of the state may not give effect to a: (1) public act, record, or judicial proceeding that creates, recognizes, or validates a marriage between persons of the same sex or a civil union in this state or in any other jurisdiction; or

(2) right or claim to any legal protection, benefit, or responsibility asserted as a result of a marriage between persons of the same sex or a civil union in this state or in any other jurisdiction.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

Exception: In the jurisdiction covered by the 4th Texas Court of Appeals, two people of the same gender can marry if one of them is transgendered based on Littleton v. Prange that defines that a person's sex is determined by birth

FAMILY CODE

TITLE 1. THE MARRIAGE RELATIONSHIP

SUBTITLE C. DISSOLUTION OF MARRIAGE

CHAPTER 6. SUIT FOR DISSOLUTION OF MARRIAGE

SUBCHAPTER A. GROUNDS FOR DIVORCE AND DEFENSES

     Sec. 6.003.  ADULTERY.  The court may grant a divorce in favor of one spouse if the other spouse has committed adultery.

Sec. 6.204.  RECOGNITION OF SAME-SEX MARRIAGE OR CIVIL UNION.  (a)  In this section, "civil union" means any relationship status other than marriage that:

(1)  is intended as an alternative to marriage or applies primarily to cohabitating persons;  and

(2)  grants to the parties of the relationship legal protections, benefits, or responsibilities granted to the spouses of a marriage.

(b)  A marriage between persons of the same sex or a civil union is contrary to the public policy of this state and is void in this state.

(c)  The state or an agency or political subdivision of the state may not give effect to a:

(1)  public act, record, or judicial proceeding that creates, recognizes, or validates a marriage between persons of the same sex or a civil union in this state or in any other jurisdiction;  or

(2)  right or claim to any legal protection, benefit, or responsibility asserted as a result of a marriage between persons of the same sex or a civil union in this state or in any other jurisdiction.

PENAL CODE

TITLE 5. OFFENSES AGAINST THE PERSON

CHAPTER 21. SEXUAL OFFENSES

Section 21.06 was declared unconstitutional by Lawrence v. Texas, 123 S.Ct. 2472.

Sec. 21.06.  HOMOSEXUAL CONDUCT.  (a)  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.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

We have found that several states still have anit homosexual or anit sodomy laws on the books despite the Supreme Court’s ruling in Lawrence v. Texas. The Texas code is the only place we have seen the above where it is stated that the law is no longer in affect. Why bother with adding the court decision instead of simply removing the sections text and stating details of its removal.

Here is how Texas handle other parts of their code that have been removed.

 (c)  Repealed by Acts 1997, 75th Leg., ch. 1362, Sec. 4, eff. Sept. 1, 1997.

Could be politics that have caused this unique handling of a repealed law. Maybe Texas is making a statement about the Supreme Court. Making sure that everyone knows that Texas would never have repealed this law on their own. Of course, we could be wrong.