Same-Sex Marriage and its relationship to Estate Planning and family law in Texas

Hey there, lovebirds! Are you ready to dive into a world where love knows no bounds and equality shines bright? Well, grab your favorite mug of tea (or a rainbow-colored cocktail if you prefer) and get cozy, because we’re about to take a thrilling journey through the captivating realm of gay marriage blogs.

Short Answer: Gay marriage blogs are a treasure trove of valuable information, personal stories, and legal insights that are sure to enlighten and entertain. So, why not join us as we uncover the fascinating twists and turns of the legal landscape, heartwarming tales of love conquering all, and practical advice for same-sex couples in Texas and beyond?

Reasons to Keep Reading:

  1. The Rainbow Connection: Let’s face it, love is love, and it deserves to be celebrated! We’ll share relatable anecdotes and heartwarming stories that remind us all that love knows no boundaries, regardless of gender or sexual orientation. Get ready to have those heartstrings tugged!
  2. Navigating the Legal Maze: Legal jargon can be as confusing as a corn maze, but fear not! We’ve got your back. We’ll delve into the tax implications, adoption rights, estate planning considerations, and much more. It’s like having a legal guide with a side of flair!
  3. From Texas to Tomorrow: We’ll explore the fascinating landscape of same-sex marriage in Texas, shedding light on recent developments, potential challenges, and future trends. Stay ahead of the curve as we uncover the exciting possibilities that lie on the horizon.
  4. A Rainbow of Resources: Who doesn’t love a good resource treasure hunt? We’ll point you towards LGBTQ+ community organizations, legal aid clinics, and other invaluable resources dedicated to supporting and empowering same-sex couples. It’s time to connect with your vibrant community!

So, whether you’re an LGBTQ+ couple planning your happily-ever-after, a curious ally seeking knowledge, or simply someone who appreciates the beauty of love in all its forms, buckle up for a riveting adventure through the colorful world of gay marriage blogs. Let’s dive in, celebrate love, and empower ourselves with knowledge that will leave us better informed and inspired!

Unveiling the Rainbow: A Guide to Gay Marriage Blogs That’ll Have You Clicking for More!

In 2015 the Supreme Court of the United States issued the Obergefell decision which legalized same-sex marriage across all 50 states. This was a major recognition by the Supreme Court that people of the same sex had a right to marry under the United States Constitution. The effect of the decision has had impacts both on the social fabric of our country and on the law. Specifically, we have areas related to family law and estate planning in mind. While same-sex couples Immediately gained recognition for their marriages the decision opened several questions about how these folks wouldn’t go about living their lives.

If you are a person in a same-sex marriage, then the issuance of the recent Supreme Court decision in Dobbs likely caused you to consider the possibility that your marriage may become an issue left to state legislatures rather than being recognized as valid under the constitution on a federal level. This potential change has ramifications not only regarding your relationship with your spouse on a personal level but also on how the two of you have mapped out your lives as far as your family structure and planning.

In today’s blog post from the Law Office of Bryan Fagan, our attorneys would like to share with you some perspective and information on what the recent Supreme Court decision overruling Roe versus wade may tell us about the court’s intent to look more closely at prior decisions that involve what is known as substantive due process. Specifically, we would like to share with you some perspective on the Obergefell decision which validated same-sex marriage across the country in 2015. In a time when you may be concerned with the Supreme Court overruling that decision, it is no use simply worrying about any issue in doing nothing about it.

In a situation like this, we can imagine that you may feel like forces beyond your control are going into action and you can do little to nothing about it. While courts can and will act on their schedules and based on the legal analysis of justices, you can take certain actions on your own to learn about the basics of these decisions to better make informed decisions in your own life. We hope that this blog post provides you with perspective and information where you can base real-life decisions on reality versus headlines on websites and the news.

Nobody can predict the future. You may find various news outlets or people who are confident in one way or the other in what will happen about several subjects that we discuss in today’s blog post. What matters most in your household is what is specific to you and your spouse. If you have questions about the material we share in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. Our three Houston area locations are open to serve you, answer questions, and give information about your life and specific circumstances.

Same-sex marriage in Texas and its impact on adoption

Once the Supreme Court found that same-sex couples have a right to marry under the United States constitution in Obergefell v. Hodges, Same-sex marriages across the country became recognized, and the door was opened for same-sex couples to marry. Not only does this carry with it significantly impacts the personal and relational levels but also a legal front. Marriage can significantly impact how families plan in terms of retirement, estate planning, and health insurance and health care. In today’s blog post we will focus our attention on the legal aspects of gay marriage.

Earlier Supreme Court decisions allowed Texas same-sex couples to gain the right to federal benefits if one of the persons in the marriage was a federal employee. This includes things like Social Security benefits, Veterans Administration benefits, and health insurance and retirement benefits for same-sex spouses whose partners work for the federal government. Whatever benefits exist for spouses in traditional marriage have also been extended to same-sex couples. This is significant in that across the country while in many states same-sex couples could marry there was not necessarily a guarantee or a right to take advantage of benefits under your or your spouse’s employer-based plans. That all changed this supreme court chose to both acknowledge same-sex marriage rights and issue favorable rulings on cases that sought to declare the right to marry lying only in opposite-sex couples.

When it comes to family-related issues for same-sex couples who are married in Texas, one important aspect of the discussion is that same-sex couples may be interested in adopting children to complete their families. In Texas, any adult may file a petition to adopt a child. The basic requirements for adoption in Texas or that the person filing the petition for adoption must be at least 21 years old, be a citizen, a permanent resident, or another qualified alien, is financially able to meet the child’s basic material needs and is physically, mentally, and emotionally able to assume parenting responsibilities. These are the broad requirements that must be in place for you and your spouse to adopt a child in Texas if that is your wish.

Ultimately, the best interest standard will be applied when a court determines whether to grant a petition for adoption. The Texas courts can technically utilize your being in the same-sex marriage against you when it comes to making best interest terminations regarding adoption. This is not to fearmonger or say that a court absolutely would use your same-sex relationship as grounds to deny an adoption petition. You can look around and see same-sex couples who have successfully adopted children. You may even know people who have been successful in adopting children who were also in a same-sex marriage.

But you also need to understand that nothing is stopping a Texas court from allowing evidence to be admitted into the record or testimony from occurring on the witness stand that relates to your sexuality and that of your partner. This could even happen in a Texas family law case like a divorce or child custody matter. Case law in Texas which points to this being a possibility is quite remote having occurred nearly 40 years ago, but it is something for you to be aware of as you plan the next steps in your family life. This is especially true if you plan to adopt A child or grow your family in that way.

Here is a hypothetical situation that may be able to better illustrate the point regarding the best interest of the child standard and decision-making for your family moving forward. Suppose that you are attempting to adopt A child with your same-sex spouse. During that process, the two of you have engaged with an adoption agency that caters to same-sex couples. Throughout this process, you all have worked 2 build relationships and are now at the point where you feel comfortable moving forward with the petition to adopt A specific child.

After filing a petition to adopt a child in hiring an experienced family law attorney to assist in that process it is possible that a family court judge could decide to not approve your adoption petition due to a belief that it is in the best interests of the child you seek to adopt to be placed with a couple in a traditional marriage. It is not as if a court would specifically state this in their reasoning, but courts would be able to do so given that same-sex parents lack certain protections under the law which can lead to discrimination in areas such as the adoption of a child.

Legal planning for same-sex couples in Texas

The critical areas where the federal recognition of same-sex marriage impacted couples most prominently were estate planning and end-of-life planning. When we consider this sort of emotional and hot-button topic, this sometimes dry and mundane world of estate planning usually does not come to mind immediately. Rather, we start to think about the more emotional and visceral areas of life like the relationship itself, marriage, and family life. However, marriage and the decisions we make as adults impact planning for end-of-life scenarios.

Creating a will is something that all people over the age of 18 should find a way to do. As the attorneys with the Law Office of Bryan Fagan will tell all our clients, this is something you should investigate no matter your level of wealth or your age. There are specific advantages for every person when it comes to creating a will based on you are stay in life. This is true no matter if you are wealthy or not. do not buy into the idea that only rich people draft wills. That is simply not true and could be a major mistake for you, your spouse, and your family if you fail to draft a will while you have the opportunity.

To be clear, a will is a legal document under which you can direct how your property will be distributed upon your death. This relates to real estate as well as personal property. Members of the same-sex community have gauged in estate planning for some time out of necessity. The Texas laws on intestate distribution apply to married couples. Before the time when marriage was recognized between gay couples in Texas estate planning was necessary to ensure that your partner would be able to receive your property after your death and vice versa.

Even now when same-sex marriage is legal in Texas it still makes a lot of sense for you and your spouse to have a will. Not only does having a will allow you to specify how you would like your property to be divided upon your debt it also allows for you and your spouse to make provisions that can determine who will care for your child in the event of your passing such as who will be a guardian for your child until he or she reaches the age of 18. It is much better to take advantage of your autonomy on this subject than to allow a probate court judge to make decisions for you after your passing.

The simple truth is that you have an opportunity to make these decisions for yourself. However, since none of us know the time or date that we will pass on from this life it is best to strike while the iron is hot and create a bill for yourself now. The Law Office of Bryan Fagan can help you perform estate planning steps and draft your will alongside you. Our attorneys can help you problem solve through difficult estate planning questions and help you arrive at solutions that will protect your present in the account for your family’s future, as well.

A question that you may have as someone who was in a same-sex marriage is what impact a future court ruling of the United States Supreme Court may have on the legitimacy of your will and that of your spouse. For instance, what if the Supreme Court overturned Obergefell, rendering your marriage invalid? While a Supreme Court decision would not invalidate your marriage, as a rule, it would return the issue to the individual states just as we saw in the recent Dobbs decision related to abortion. However, even as a Supreme Court decision would not specifically invalidate your marriage it is in our opinion that Texas and our legislature would honor a same-sex marriage without a federal court decision forcing their hand.

If you and your spouse have previously had wills created, then at this time you may choose to do nothing specific in rather monitor the need for change as time goes on. Right now, there is nothing imminent regarding overturning the federally recognized right for same-sex couples to marry. If you have a will that refers to your “spouse” then you likely don’t have to go out and change the will or create a new will. However, there is also nothing stopping you and your partner from creating wheels that do not reference your marriage if you have not yet created a will. Again, same-sex couples in your position have been drafting wheels for generations to protect themselves and their property.

One thing to keep in mind is that if there is any question about the legality of gay marriage in the future about your will then you should know that a probate court will seek to discern what the intent you had was in creating your will in certain provisions within the will. Regardless of whether your will refers to your partner as a spouse or not if your will is challenged the court will look to the plain language at the will and the circumstances of your life to determine your intent.

So, for example, if you refer to your spouse as such without naming him or her specifically and in the future, the marriage is no longer recognized then it is very possible that the court we’ll simply look to your intent and understand who you were trying to pass property onto even if he or she with no longer be your legal spouse under future changes in marriage laws.

1 way to potentially try and protect yourself and your spouse in the future from any changes in the law would be to state at the beginning of your will that you would like the same person to benefit from provisions in your will regardless of whether he or she is classified as your spouse in the future. The question that we must answer in Texas, should Obergefell be overruled, is whether that decision would apply retroactively to avoid marriage like your own. This would create great confusion and problems, so it may not be the case. However, it is worth monitoring the situation to make informed decisions for yourself and your family.

Tax Implications for Same-Sex Couples in Texas

Legalizing same-sex marriage has significantly changed tax laws and implications for same-sex couples in Texas. These changes extend to areas such as income tax, estate tax, and gift tax considerations. Let’s investigate how these tax implications affect same-sex couples in the Lone Star State.

Tax Category

Implications for Same-Sex Couples

Income Tax

Same-sex couples can now file joint tax returns, potentially resulting in lower tax liabilities. They can also claim deductions and credits available to married couples.

Estate Tax

Same-sex couples can transfer assets to their spouses without incurring federal estate tax, just like opposite-sex married couples. Proper estate planning can help maximize tax benefits.

Gift Tax

Same-sex couples can make tax-free gifts to their spouses, utilizing the annual gift tax exclusion. This provides opportunities for strategic wealth transfers within the family.

Divorce and Dissolution for Same-Sex Couples

When same-sex couples decide to end their marriages, they face specific legal processes and considerations in Texas. These processes include property division, child custody, and spousal support. Understanding the nuances and navigating the complexities of divorce and dissolution is essential for same-sex couples seeking to move on from their marriages.

Surrogacy and Assisted Reproductive Technology for Same-Sex Couples

Starting a family through surrogacy or assisted reproductive technology presents legal aspects and challenges for same-sex couples in Texas. Issues surrounding parental rights and legal recognition are crucial considerations. Exploring these topics can help same-sex couples understand their rights and responsibilities as they embark on parenthood.

Parental Rights and Adoption for Same-Sex Couples

Adoption and parental rights hold significance for same-sex couples in Texas. Second-parent adoption, adoption by single LGBTQ+ individuals, and potential discrimination in the adoption process are areas that require attention. Gaining insights into the rights and challenges faced by same-sex couples regarding adoption can provide clarity and guidance.

Transgender Rights and Marriage in Texas

For transgender individuals who are married or wish to marry in Texas, there are legal landscapes and challenges unique to their circumstances. Issues related to gender identity, name changes, and legal gender recognition come into play. Understanding the legal framework surrounding transgender rights and marriage is essential for individuals in this community.

Employment Benefits and Discrimination for LGBTQ+ Individuals

With the legalization of same-sex marriage, the impact on employee benefits and protections for LGBTQ+ individuals in Texas has become significant. Addressing workplace discrimination, healthcare coverage, and retirement benefits is crucial to ensure equal treatment and inclusivity for all. Exploring the implications of same-sex marriage on employment can shed light on the progress made and the work yet to be done.

Religious Exemptions and Conscientious Objections

The intersection of same-sex marriage and religious freedom raises potential conflicts and discussions about legal protections and exemptions for religious institutions or individuals with conscientious objections. Balancing the rights of same-sex couples with religious beliefs requires careful examination and understanding of the legal landscape.

Estate Planning Considerations for Same-Sex Couples

Estate planning holds paramount importance for same-sex couples in Texas. Strategies for asset protection, trusts, powers of attorney, and healthcare directives help ensure that couples’ wishes are honored and their loved ones are provided for. Navigating estate planning considerations can provide peace of mind and protect the future of same-sex couples and their families.

LGBTQ+ Community Resources in Texas

Highlighting available resources, organizations, and legal services specifically tailored to supporting the LGBTQ+ community in Texas is essential. Legal aid clinics, advocacy groups, and counseling services are vital in assisting and guiding individuals seeking help. Recognizing these valuable resources can empower same-sex couples and the broader LGBTQ+ community.

Recent Legal Developments and Future Trends

Staying informed about recent court cases, legislative changes, and likely future trends related to same-sex marriage, family law, and estate planning in Texas is crucial. The legal landscape is ever-evolving, and understanding the latest developments can help individuals make informed decisions. Keeping a pulse on the changing legal environment ensures same-sex couples and their families can adapt and plan accordingly.

By exploring these topics, same-sex couples and the LGBTQ+ community in Texas can gain valuable insights and navigate the legal complexities surrounding gay marriage. It is essential to stay informed, seek professional guidance, and advocate for equal rights and protections for all individuals, regardless of their sexual orientation or gender identity.


And just like that, we’ve reached the end of our exhilarating journey through the kaleidoscopic world of gay marriage blogs. But fear not, dear readers, for this is just the beginning of your adventure! Armed with newfound knowledge, heartfelt stories, and a sense of community, you are ready to embrace the boundless possibilities that await.

Short Answer: Gay marriage blogs are a gateway to a world where love and equality triumph, legal complexities are unraveled, and inspiration abounds for same-sex couples and their allies.

So, as you bid adieu to this whimsical blog post, remember to bookmark those favorite blogs, follow those captivating storytellers, and keep feeding your insatiable curiosity. The journey toward love, understanding, and acceptance is ongoing, and by engaging with gay marriage blogs, you become part of a powerful movement that is rewriting the narrative for generations to come.

Embrace the vibrant tapestry of human connections, where love transcends borders, breaks down barriers, and paints the world in shades of acceptance and respect. Let the stories of triumph, challenges, and resilience remind you that love is a force that can change the world—one blog post at a time.

So, go forth, dear readers, armed with the power of knowledge and the spirit of love. Explore the depths of these blogs, share your own stories, and ignite conversations that challenge norms and celebrate diversity. Let’s create a future where every love story is cherished, protected, and celebrated with the joy it deserves.

Remember that the quest for equality and inclusivity never truly ends as we part ways. Keep supporting one another, amplifying marginalized voices, and standing up for love. The world needs your love, your voice, and your unwavering commitment to building a future where gay marriage is celebrated and embraced by all.

With that, we bid you farewell, fellow adventurers. May your hearts be filled with love, your minds enriched with wisdom, and your spirits forever ignited by the power of love. Until we meet again on the vibrant pages of gay marriage blogs, remember: love wins, always.

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Frequently Asked Questions about Marriage in Texas

How do you disprove common law marriage in Texas?

To disprove a common law marriage in Texas, you must provide evidence that contradicts the three elements required for a valid common law marriage. These elements include:

  • Agreement to be married
  • Living together as spouses
  • Presentation to others that you are married

What is the definition of marriage in Texas?

In Texas, marriage is defined as a legal union between one man and one woman or between two individuals of the same sex who meet the requirements set forth by the state.

What are the three elements of a common law marriage in Texas?

The three elements of a common law marriage in Texas are:

  1. Agreement to be married: Both parties must agree and have the intent to be married.
  2. Living together as spouses: The couple must live together in a manner that resembles a traditional marriage.
  3. Presentation to others that you are married: The couple must hold themselves out to others as being married.

Does community property apply to common law marriage in Texas?

Yes, community property laws apply to common law marriages in Texas. If a common law marriage is established, the couple’s assets and debts acquired during the marriage may be considered community property and subject to division upon divorce or death.

What voids a marriage in Texas?

Several factors can void a marriage in Texas, including:

  • One or both parties being underage without parental consent or a court order
  • One or both parties being already married to someone else
  • Consanguinity (being closely related by blood)
  • Impotence
  • Fraud or duress

What makes a marriage legally binding in Texas?

To make a marriage legally binding in Texas, the couple must obtain a valid marriage license from the county clerk’s office, have a marriage ceremony conducted by an authorized person (such as a religious or civil official), and comply with all legal requirements, including the completion of the marriage certificate and its registration with the county.

What is the difference between common law marriage and marriage in Texas?

The main difference between common law marriage and marriage in Texas is that common law marriage does not require a formal ceremony or marriage license. Instead, it is established by meeting the three elements mentioned earlier (agreement, cohabitation, and presentation to others as married). In contrast, a traditional marriage in Texas requires a marriage license, a ceremony, and compliance with legal formalities.

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