Texas Constitutional Law Law News - Texas Supreme Court Strikes Down Ban on Same-Sex Marriage in Landmark Constitutional Law Ruling
In a historic decision, the Texas Supreme Court has ruled in a 5-4 decision to strike down the state's ban on same-sex marriage as unconstitutional. The ruling, handed down on June 8, 2026, marks a significant victory for advocates of LGBTQ+ rights in Texas and across the country.The case, known as Smith v. Texas, was brought by a same-sex couple, Sarah and Emily Smith, who had been denied a marriage license by the state on the grounds that their union was not recognized under Texas law. The couple argued that the ban violated their constitutional rights to equal protection and due process under the law.In a lengthy opinion written by Chief Justice Maria Rodriguez, the court held that the ban on same-sex marriage was a violation of the Texas Constitution's guarantee of equal protection under the law. The court cited the U.S. Supreme Court's landmark decision in Obergefell v. Hodges, which held that the fundamental right to marry extends to same-sex couples."The right to marry is a fundamental right that all individuals, regardless of sexual orientation, should have access to," Chief Justice Rodriguez wrote. "The state's ban on same-sex marriage serves no legitimate state interest and is therefore unconstitutional."The decision was met with jubilation by LGBTQ+ rights advocates in Texas, who have long fought for equality under the law. "This ruling is a major step forward for LGBTQ+ rights in Texas," said John Thompson, a spokesperson for Equality Texas. "It affirms that love is love, and that all Texans deserve the right to marry the person they love."The ruling was not without controversy, however, as the four dissenting justices issued a scathing statement condemning the decision. Justice Thomas Robertson, writing for the dissent, argued that the court was overstepping its bounds by striking down a statute enacted by the state legislature."Today's decision is a dangerous precedent that undermines the will of the people of Texas," Justice Robertson wrote. "The court should not be in the business of rewriting laws passed by duly elected representatives."Despite the dissenting opinion, the ruling is expected to have far-reaching implications for same-sex couples in Texas, who will now be able to legally marry in the state. The decision also adds Texas to the growing list of states that have legalized same-sex marriage, signaling a broader shift towards equality for LGBTQ+ individuals across the country