Tex. Codes » Family Code · TITLE 1. THE MARRIAGE RELATIONSHIP · SUBTITLE C. DISSOLUTION OF MARRIAGE · CHAPTER 6. SUIT FOR DISSOLUTION OF MARRIAGE
Texas Codes

Tex. Fam. Code § 6.204 (2026)

Recognition Of Same-sex Marriage Or Civil Union

✓ current as of May 2026
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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.

Added by Acts 2003, 78th Leg., ch. 124, Sec. 1, eff. Sept. 1, 2003.

Notes of Decisions
Cited in 23 cases (6 in the last 5 years), 2005–2025 · leading case: in Re State of Texas, 466 S.W.3d 783 (Tex. 2015).
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in Re State of Texas, 466 S.W.3d 783 (Tex. 2015). · cites it 5× “Tex. Fam. Code § 6.204(b), (c). The State has argued that these provisions prohibit Texas courts from granting a divorce to a same-sex couple that was married in another state because only married couples can get divorced in Texas, and these provisions prohibit courts from…”
in the Est. of Thomas Trevino Araguz III, 443 S.W.3d 233 (Tex. App. 2014). · cites it 13× “See Tex. Fam. Code Ann. § 6.204 (b). The dispute in this case is whether Thomas and Nikki had a same sex marriage in contravention of Texas law.”
In Re Marriage of JB & HB, 326 S.W.3d 654 (Tex. App. 2010). · cites it 4× “The rule contains no exceptions for marriages performed in other jurisdictions, nor is its application limited to marriages performed in this state.”
De Leon v. Perry, 975 F. Supp. 2d 632 (W.D. Tex. 2014). · cites it 3× “124, § 1 (West 2003); Tex. Fam.Code Ann. § 6.204 (West 2013). .”
Texas v. United States, 95 F. Supp. 3d 965 (N.D. Tex. 2015). · cites it 4× “I, § 32; see also Tex. Fam.Code Ann. § 6.204(b) (West 2013) (“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.”
Lewis v. Harris, 908 A.2d 196 (N.J. 2006). “51, § 255 (A)(2); Tex. Fam. Code Ann. § 6.204 (b); Va. Code Ann.”
William Ross v. Scott Farrell Goldstein, as Indep. Adm'r of Est. of John David Green, 203 S.W.3d 508 (Tex. App. 2006). · cites it 2× “The first is Texas Family Code section 6.204, which states that it is contrary to the State’s public policy to recognize or give effect to a same-sex marriage or civil union.”
William Adam Flowers v. Lacey Flowers, 407 S.W.3d 452 (Tex. App. 2013). “I, § 32; Tex. Fam. Code § 6.204 (West 2013); Ross v.”
Knight v. Superior Court, 2005 Cal. Daily Op. Serv. 2894 (Cal. Ct. App. 2005). “This state and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance or effect of marriage”]; Tex. Fam. Code, § 6.204 [a marriage between persons of the…”
State v. Naylor, 330 S.W.3d 434 (Tex. App. 2011). “See Tex. Fam.Code Ann. § 6.204(c) (West 2006) (prohibiting state agency or political subdivision from giving effect to “right or claim to any legal pro *436 tection, benefit, or responsibility asserted as a result” of same-sex marriage).”
Mayor Annise Parker & City of Houston v. Jack Pidgeon & Larry Hicks, 477 S.W.3d 353 (Tex. App. 2015). “I, § 32; Tex. Fam.Code § 6.204. The trial court signed a temporary injunction requested by the Appellees, 1 determining that: 4.”
Umphress v. Hall, 133 F.4th 455 (5th Cir. 2025). “1, § 32 and Tex. Fam. Code § 6.204(b) (West 2003), (defining marriage as the union of one man and one woman and declaring same-sex marri- age void).”
Show all 23 citing cases →
— Tex. Fam. Code § 6.204(b) — 10 cases
in the Est. of Thomas Trevino Araguz III, 443 S.W.3d 233 (Tex. App. 2014). “See Tex. Fam. Code Ann. § 6.204 (b). The dispute in this case is whether Thomas and Nikki had a same sex marriage in contravention of Texas law.”
in Re State of Texas, 466 S.W.3d 783 (Tex. 2015). “Tex. Fam. Code § 6.204(b), (c). The State has argued that these provisions prohibit Texas courts from granting a divorce to a same-sex couple that was married in another state because only married couples can get divorced in Texas, and these provisions prohibit courts from…”
De Leon v. Perry, 975 F. Supp. 2d 632 (W.D. Tex. 2014). “124, § 1 (West 2003); Tex. Fam.Code Ann. § 6.204 (West 2013). .”
Texas v. United States, 95 F. Supp. 3d 965 (N.D. Tex. 2015). “I, § 32; see also Tex. Fam.Code Ann. § 6.204(b) (West 2013) (“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.”
Umphress v. Hall, 133 F.4th 455 (5th Cir. 2025). “1, § 32 and Tex. Fam. Code § 6.204(b) (West 2003), (defining marriage as the union of one man and one woman and declaring same-sex marri- age void).”
— Tex. Fam. Code § 6.204(c) — 6 cases
De Leon v. Perry, 975 F. Supp. 2d 632 (W.D. Tex. 2014). “124, § 1 (West 2003); Tex. Fam.Code Ann. § 6.204 (West 2013). .”
In Re Marriage of JB & HB, 326 S.W.3d 654 (Tex. App. 2010). “The rule contains no exceptions for marriages performed in other jurisdictions, nor is its application limited to marriages performed in this state.”
State v. Naylor, 330 S.W.3d 434 (Tex. App. 2011). “See Tex. Fam.Code Ann. § 6.204(c) (West 2006) (prohibiting state agency or political subdivision from giving effect to “right or claim to any legal pro *436 tection, benefit, or responsibility asserted as a result” of same-sex marriage).”
Texas v. United States, 95 F. Supp. 3d 965 (N.D. Tex. 2015). “I, § 32; see also Tex. Fam.Code Ann. § 6.204(b) (West 2013) (“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.”
Jack Pidgeon & Larry Hicks v. Sylvester Turner, in His Off. Capacity as Mayor of the City of Houston, & the City of Houston (Tex. App. 2021).
— Tex. Fam. Code § 6.204(c)(1) — 1 case
in Re State of Texas, 466 S.W.3d 783 (Tex. 2015). “Tex. Fam. Code § 6.204(b), (c). The State has argued that these provisions prohibit Texas courts from granting a divorce to a same-sex couple that was married in another state because only married couples can get divorced in Texas, and these provisions prohibit courts from…”
— Tex. Fam. Code § 6.204(c)(2) — 3 cases
In Re Marriage of JB & HB, 326 S.W.3d 654 (Tex. App. 2010). “The rule contains no exceptions for marriages performed in other jurisdictions, nor is its application limited to marriages performed in this state.”
Texas v. United States, 95 F. Supp. 3d 965 (N.D. Tex. 2015). “I, § 32; see also Tex. Fam.Code Ann. § 6.204(b) (West 2013) (“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.”
Jack Pidgeon & Larry Hicks v. Sylvester Turner, in His Off. Capacity as Mayor of the City of Houston, & the City of Houston (Tex. App. 2021).
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