October’s Texas Supreme Court Order Allowing Judges to Refrain from Performing Wedding Ceremonies Based on Religious Beliefs Does Not Change the Freedom to Marry in Texas

Austin, TX — On October 24, the Texas Supreme Court issued an order granting judges’ the opportunity to opt out of performing wedding ceremonies based on their religious beliefs. While disheartening, the decision only allows judges to opt out of performing marriage ceremonies — an act that can be performed by religious leaders, judges, and even individuals who get ordained online. It does not change the fundamental legal right of all couples to marry in Texas and around the country. 

“For more than a decade, the law on marriage equality has been clear, correct, and widely supported,” says Darra Gordon, CEO of Family Equality. “This ruling doesn’t change that fact. Today is not a moment for fear — it’s a moment for clarity and connection. Our community knows who we are, what we’ve built, and what we stand for. Same-sex marriage remains the law of the land in Texas and across the country. County clerks must still issue marriage licenses, and couples — same-sex or otherwise — will continue to celebrate their love and protect their families. This decision is a symbolic attempt with no real consequence, and together we will keep moving forward, grounded in love and equality.”

Since the Supreme Court affirmed the freedom to marry in their 2015 decision Obergefell v Hodges, public support for marriage equality across states, faiths, and political ideologies has steadily increased. More than 71 percent of Americans today favor it, including 56% of Republicans. 

In that same time, the right to marry has been deeply ingrained in the operations of the American public, with more than 800,000 married same-sex couples, raising almost 300,000 children under the age of 18, relying on it to buy homes, raise their children, file taxes, access retirement benefits, navigate insurance coverage and employer-provided healthcare benefits, and more.  

“I understand how many families might read headlines like this and feel discouraged or scared,” says Luce Remy, Vice President of Public Policy at Family Equality. “Our country is made stronger by the promise of religious freedom and the responsibility of judges to serve with equality and impartiality. While the Texas Supreme Court’s update to their Judicial code misinterprets these ideals, in order to whip up a license for Texas Judges to discriminate, we call upon all public officials in Texas to do the right thing and serve every Texan equally.” 

In response to increasing headlines about the state of marriage equality, Family Equality has continued its work with movement partners to shore up the patchwork of family protections at the state level. 

Families can take action through:

Family Equality is the only national organization dedicated to protecting and advancing the freedoms of all LGBTQ+ families through bold advocacy, transformative education, and powerful community building.

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