LGBTQ history in Texas

Last updated

The state of Texas, located in the south in the United States, contains a large community of LGBTQ+ citizens. More specifically, the city Austin, Texas has the third largest population of LGBTQ+ people based on the size of the city. [1] Austin, Texas, and Texas in general, is home to several icons of the LGBTQ+ community such as Karamo Brown, co-founder of the LGBTQ+ group "Queer Eye" and Demi Lovato, a queer artist and activist. There is history of heavy violence against the LGBTQ+ community within Texas such as riots, as well as liberation and parades celebrating those within the community.

Contents

20th century

1972–2000

In 1972, an LGBTQ+ couple was denied the right to marriage. During this year, it was not illegal, but it was uncommon and deemed inappropriate and then denied by the state. [2]

In 1973, same-sex marriage was then deemed as illegal, and marriage licenses could only be issued to couples who were of a man and a woman.

In 1975, the Houston GLBT Political Caucus, the oldest southern LGBT rights organization is founded. In 1979, Houston Gay Pride Parade was first held in Neartown, Houston. The Texas Democratic Party added certain LGBTQ+ rights to the party's platform in 1980. [3]

The 1984 federal Supreme Court decision in Gay Student Services v. Texas A&M University upheld the requirement for public universities to uphold the First Amendment rights of students.

In 1986, Baker v. Wade resulted in a short-lived blow against Texas' sodomy law. This was ultimately overturned in the same year by Bowers v. Hardwick , a Georgia federal case which criminalized sodomy as a non-private act, and SCOTUS refused to hear appeal regarding Baker v Wade.

In 1997, the Texas legislature prohibited the issuance of marriage licenses to same-sex couples. [4] The 1999 state Supreme Court case Littleton v. Prange annulled transsexual marriages in the state.

21st century

In 2001, Governor Rick Perry signed the James Byrd Jr. Hate Crimes Act, which criminalized violent or coercive action against other Texas residents on various immutable traits, including sexual orientation. Gender identity was not included in this legislation.

The 2003 landmark decision by the Supreme Court of the United States in Lawrence v. Texas nullified all remaining sodomy laws in the United States. However, Texas Penal Code § 21.06 is retained without legal effect. Perry criticized the decision and called the sodomy law "appropriate".

In 2003, the legislature enacted a statute that made void in Texas any same-sex marriage or civil union. [5] This statute also prohibits the state or any agency or political subdivision of the state from giving effect to same-sex marriages or civil unions performed in other jurisdictions. [6]

On November 8, 2005, Texas voters approved a proposition that amended the state constitution to define marriage as consisting "only of the union of one man and one woman" and prohibiting the state or any political subdivision of the state from creating or recognizing "any legal status identical or similar to marriage." [7]

In the 2006 election, independent gubernatorial candidate Kinky Friedman becomes one of the first candidates for the office to indicate same-sex marriage rights in Texas, saying "I support gay marriage. I believe they have a right to be as miserable as the rest of us." [8]

In 2009, Houston City Comptroller Annise Parker was elected the first openly lesbian mayor of a major city in Texas.

On October 2, 2009, a Texas district court judge in the case of In Re Marriage of J.B. and H.B. granted a divorce to two men married in Massachusetts, ruling unconstitutional the state's same-sex marriage ban. [9] On August 31, 2010, the Fifth Court of Appeals in Dallas reversed the lower court, ruling, among other things, that the same-sex marriage ban does not violate the Equal Protection Clause of the Fourteenth Amendment. [10] [11]

On January 7, 2011, the Third Court of Appeals in Austin in the case of State of Texas v. Angelique S. Naylor and Sabina Daly rejected, on procedural grounds, the Texas attorney general's appeal of a divorce granted by a lower court to a same-sex couple married in Massachusetts. [12] Both cases are pending before the Texas Supreme Court. [13] [14] [15]

In 2012, after Obama's endorsement of same sex marriage, the Texas Democratic Party became the first southern Democratic state party to include support of same-sex marriage in its platform.

In 2015, same-sex marriage was legalized throughout the United States. In Texas specifically, 2,500 same-sex marriage licenses were issued in the state that year. [16]

In 2021, Governor Greg Abbott signed a House Bill stating that if students are to play sports in the state of Texas, they have to be on the team that is of the gender they were assigned at birth. [17]

See also

Related Research Articles

Lawrence v. Texas, 539 U.S. 558 (2003), is a landmark decision of the U.S. Supreme Court in which the Court ruled that U.S. state laws criminalizing sodomy between consenting adults are unconstitutional. The Court reaffirmed the concept of a "right to privacy" that earlier cases had found the U.S. Constitution provides, even though it is not explicitly enumerated. It based its ruling on the notions of personal autonomy to define one's own relationships and of American traditions of non-interference with any or all forms of private sexual activities between consenting adults.

In response to court action in a number of states, the United States federal government and a number of state legislatures passed or attempted to pass legislation either prohibiting or allowing same-sex marriage or other types of same-sex unions.

<span class="mw-page-title-main">LGBTQ rights in Nevada</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Nevada enjoy the same rights as non-LGBT people. Same-sex marriage has been legal since October 8, 2014, due to the federal Ninth Circuit Court of Appeals ruling in Sevcik v. Sandoval. Same-sex couples may also enter a domestic partnership status that provides many of the same rights and responsibilities as marriage. However, domestic partners lack the same rights to medical coverage as their married counterparts and their parental rights are not as well defined. Same-sex couples are also allowed to adopt, and state law prohibits unfair discrimination on the basis of sexual orientation and gender identity, among other categories, in employment, housing and public accommodations. In addition, conversion therapy on minors is outlawed in the state.

<span class="mw-page-title-main">LGBTQ rights in Wyoming</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Wyoming may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity has been legal in Wyoming since 1977, and same-sex marriage was legalized in the state in October 2014. Wyoming statutes do not address discrimination on the basis of sexual orientation and gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal under federal law. In addition, the cities of Jackson, Casper, and Laramie have enacted ordinances outlawing discrimination in housing and public accommodations that cover sexual orientation and gender identity.

<span class="mw-page-title-main">LGBTQ rights in Louisiana</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Louisiana may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Louisiana as a result of the US Supreme Court decision in Lawrence v. Texas. Same-sex marriage has been recognized in the state since June 2015 as a result of the Supreme Court's decision in Obergefell v. Hodges.

<span class="mw-page-title-main">LGBTQ rights in Vermont</span>

Vermont is seen as one of the most liberal states in the U.S. in regard to lesbian, gay, bisexual, and transgender (LGBT) rights, with most progress in jurisprudence having occurred in the late 20th and the early 21st centuries. Vermont was one of 37 U.S. states, along with the District of Columbia, that issued marriage licenses to same-sex couples prior to the landmark Supreme Court ruling of Obergefell v. Hodges, establishing equal marriage rights for same-sex couples nationwide.

<span class="mw-page-title-main">LGBTQ rights in Connecticut</span>

The establishment of lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in the U.S. state of Connecticut is a recent phenomenon, with most advances in LGBT rights taking place in the late 20th century and early 21st century. Connecticut was the second U.S. state to enact two major pieces of pro-LGBT legislation; the repeal of the sodomy law in 1971 and the legalization of same-sex marriage in 2008. State law bans unfair discrimination on the basis of sexual orientation and gender identity in employment, housing and public accommodations, and both conversion therapy and the gay panic defense are outlawed in the state.

<span class="mw-page-title-main">LGBTQ rights in Washington (state)</span>

The state of Washington is seen as one of the most progressive states in the U.S. in regard to lesbian, gay, bisexual, transgender and queer (LGBTQ) rights; with jurisprudence having evolved significantly since the late 20th century. Same-sex sexual activity was legalized in 1976. LGBTQ people are fully protected from discrimination in the areas of employment, housing and public accommodations; the state enacting comprehensive anti-discrimination legislation regarding sexual orientation and gender identity in 2006. Same-sex marriage has been legal since 2012, and same-sex couples are allowed to adopt. Conversion therapy on minors has also been illegal since 2018.

<span class="mw-page-title-main">LGBTQ rights in Iowa</span>

Lesbian, gay, bisexual transgender, and queer (LGBTQ) rights in the U.S. state of Iowa have evolved significantly in the 21st century. Iowa began issuing marriage licenses to same-sex couples on April 27, 2009 following a ruling by the Iowa Supreme Court, making Iowa the fourth U.S. state to legalize same-sex marriage. Same-sex couples may also adopt, and state laws ban discrimination based on sexual orientation or gender identity in employment, housing and public accommodations.

<span class="mw-page-title-main">LGBTQ rights in Hawaii</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Hawaii enjoy the same rights as non-LGBTQ people. Same-sex sexual activity has been legal since 1973; Hawaii being one of the first six states to legalize it. In 1993, a ruling by the Hawaiʻi Supreme Court made Hawaii the first state to consider legalizing same-sex marriage. Following the approval of the Hawaii Marriage Equality Act in November 2013, same-sex couples have been allowed to marry on the islands. Additionally, Hawaii law prohibits discrimination on the basis of both sexual orientation and gender identity, and the use of conversion therapy on minors has been banned since July 2018. Gay and lesbian couples enjoy the same rights, benefits and treatment as opposite-sex couples, including the right to marry and adopt.

<span class="mw-page-title-main">LGBTQ rights in Colorado</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Colorado enjoy the same rights as non-LGBTQ people. Same-sex sexual activity has been legal in Colorado since 1972. Same-sex marriage has been recognized since October 2014, and the state enacted civil unions in 2013, which provide some of the rights and benefits of marriage. State law also prohibits discrimination on account of sexual orientation and gender identity in employment, housing and public accommodations and the use of conversion therapy on minors. In July 2020, Colorado became the 11th US state to abolish the gay panic defense.

<span class="mw-page-title-main">LGBTQ rights in Texas</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Texas have some protections in state law but may face legal and social challenges not faced by others. Same-sex sexual activity was decriminalized in Texas in 2003 by the Lawrence v. Texas ruling. On June 26, 2015, the Supreme Court of the United States ruled bans on same-sex marriage to be unconstitutional in Obergefell v. Hodges.

<span class="mw-page-title-main">LGBTQ rights in Virginia</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Virginia enjoy the same rights as non-LGBT people. LGBT rights in the state are a recent occurrence with most improvements in LGBT rights occurring in the 2000s and 2010s. Same-sex marriage has been legal in Virginia since October 6, 2014, when the U.S. Supreme Court refused to consider an appeal in the case of Bostic v. Rainey. Effective July 1, 2020, there is a state-wide law protecting LGBT persons from discrimination in employment, housing, public accommodations, and credit. The state's hate crime laws also now explicitly include both sexual orientation and gender identity.

<span class="mw-page-title-main">LGBTQ rights in Nebraska</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Nebraska may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Nebraska, and same-sex marriage has been recognized since June 2015 as a result of Obergefell v. Hodges. The state prohibits discrimination on account of sexual orientation and gender identity in employment and housing following the U.S. Supreme Court's ruling in Bostock v. Clayton County and a subsequent decision of the Nebraska Equal Opportunity Commission. In addition, the state's largest city, Omaha, has enacted protections in public accommodations.

<span class="mw-page-title-main">LGBTQ rights in Kentucky</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Kentucky still face some legal challenges not experienced by other people. Same-sex sexual activity in Kentucky has been legally permitted since 1992, although the state legislature has not repealed its sodomy statute for same-sex couples. Same-sex marriage is legal in Kentucky under the U.S. Supreme Court ruling in Obergefell v. Hodges. The decision, which struck down Kentucky's statutory and constitutional bans on same-sex marriages and all other same-sex marriage bans elsewhere in the country, was handed down on June 26, 2015.

<span class="mw-page-title-main">LGBTQ rights in Idaho</span>

Lesbian, gay, bisexual transgender, and queer (LGBTQ) people in the U.S. state of Idaho face some legal challenges not experienced by non-LGBTQ people. Same-sex sexual activity is legal in Idaho, and same-sex marriage has been legal in the state since October 2014. State statutes do not address discrimination based on sexual orientation and gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal under federal law. A number of cities and counties provide further protections, namely in housing and public accommodations. A 2019 Public Religion Research Institute opinion poll showed that 71% of Idahoans supported anti-discrimination legislation protecting LGBTQ people, and a 2016 survey by the same pollster found majority support for same-sex marriage.

<span class="mw-page-title-main">LGBTQ rights in Kansas</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Kansas have federal protections, but many face some legal challenges on the state level that are not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in Kansas under the US Supreme Court case Lawrence v. Texas, although the state legislature has not repealed its sodomy laws that only apply to same-sex sexual acts. The state has prohibited discrimination on the basis of sexual orientation and gender identity in employment, housing and public accommodations since 2020. Proposed bills restricting preferred gender identity on legal documents, bans on transgender people in women's sports, bathroom use restrictions, among other bills were vetoed numerous times by Democratic Governor Laura Kelly since 2021. However, many of Kelly's vetoes were overridden by the Republican supermajority in the Kansas legislature and became law.

<span class="mw-page-title-main">LGBTQ history in Hawaii</span>

In Hawaii, the LGBT laws have been evolving for the past hundred years. In the pre-19th century, the influence of Polynesian culture led to a more open-minded state. After the first Christian missionaries began arriving in Hawaii, strict sodomy laws were enacted. Territory v. Bell (1958) was the last sodomy case argued in Hawaii. After the turn of the 20th century, LGBT issues began being taken to and decided by the Supreme Court. In 2013, Hawaii voted in favor of gay marriage, and marriage licenses began to be issued to LGBT couples.

The U.S. state of Texas issues marriage licenses to same-sex couples and recognizes those marriages when performed out-of-state. On June 26, 2015, the United States legalized same-sex marriage nationwide due to the U.S. Supreme Court's decision in Obergefell v. Hodges. Prior to the U.S. Supreme Court's ruling Article 1, Section 32, of the Texas Constitution provided that "Marriage in this state shall consist only of the union of one man and one woman," and "This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage." This amendment and all related statutes have been ruled unconstitutional and unenforceable. Some cities and counties in the state recognize both same-sex and opposite-sex domestic partnerships.

Same-sex marriage has been legal in Texas since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. Previously, the U.S. state of Texas had banned same-sex marriage both by statute since 1973 and in its State Constitution since 2005. On February 26, 2014, Judge Orlando Luis Garcia of the U.S. District Court for the Western District of Texas found that Texas's ban on same-sex marriages was unconstitutional. On April 22, 2014, a state court came to the same conclusion. Both cases were appealed. The district court's decision was appealed to the Fifth Circuit Court of Appeals, but before that court could issue a ruling, the U.S. Supreme Court struck down all same-sex marriage bans in the United States in Obergefell on June 26, 2015. Within a few months of the court ruling, all counties had started issuing marriage licenses to same-sex couples, except for Irion County, which announced in 2020 that it would begin issuing licenses to same-sex couples, making it the last county in the United States to comply with the ruling.

References

  1. ↑ Robbins, Charles. "LGBTQIA+ Quality of Life Study City Council Presentation". austintexas.gov. Retrieved 2023-01-29.
  2. ↑ "Crawford Martin Opinion 1216 | PDF | Baker V. Nelson | Supreme Court of the United States". Scribd. Retrieved 2023-02-05.
  3. ↑ "Texas Democrats OK Gay Rights Plank". EBSCOhost Connection. November 13, 1980. Archived from the original on July 5, 2013. Retrieved January 21, 2013.
  4. ↑ "Texas Family Code sec. 2.001(b)". Statutes.legis.state.tx.us. Retrieved 2013-12-05.
  5. ↑ "Texas Family Code sec. 6.204". Statutes.legis.state.tx.us. Retrieved 2013-12-05.
  6. ↑ "Texas Family Code sec. 6.204(c)". Statutes.legis.state.tx.us. Retrieved 2013-12-05.
  7. ↑ Article I, Section 32 of the Texas Constitution states: "(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."
  8. ↑ "Kinky Friedman Turns To Politics". CBS News. August 19, 2005.
  9. ↑ "Texas Battle on Gay Marriage Looms", The New York Times, reported by James C. McKinley Jr., October 2, 2009
  10. ↑ "In re Marriage of J.B. and H.B., 326 S.W.3d 654 (Tex. App. - Dallas (5th Dist.) 2010)" . Retrieved 2013-12-05.
  11. ↑ Appleton, Roy (September 1, 2010). "Dallas judge's ruling saying gay couple could divorce in Texas rejected on appeal". The Dallas Morning News. Retrieved January 19, 2013.
  12. ↑ Kreytak, Steven (January 7, 2011). "Same-sex divorce stands under appellate ruling: Attorney general did not have standing to intervene in case, court declares". Austin American-Statesman . Retrieved January 19, 2013.
  13. ↑ "No. 11-0024, the Supreme Court of Texas Blog". Data.scotxblog.com. Retrieved 2013-12-05.
  14. ↑ "No. 11-0114the Supreme Court of Texas Blog". Data.scotxblog.com. Retrieved 2013-12-05.
  15. ↑ Rozen, Miriam (December 17, 2012). "Tex Parte Blog: Lawyer in two same-sex divorce cases awaits Texas Supreme Court decision on petitions for review". Texas Lawyer. Archived from the original on October 20, 2013. Retrieved January 19, 2013.
  16. ↑ Phillips, Lauren (13 September 2015). "2,500 same-sex marriage licenses issued in Texas, state estimates". The Dallas Morning News. Retrieved 2023-02-05.
  17. ↑ Waller, Allyson (2021-10-25). "Restrictions on transgender student athletes' participation in school sports signed into law by Gov. Greg Abbott". The Texas Tribune. Retrieved 2023-02-05.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.