LGBT history in Texas

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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 most sanctions of criminal punishment for consensual, adult non-procreative sexual activity 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 private sexual decisions 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">LGBT rights in Nevada</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Nevada enjoy most of the same rights as non-LGBT Nevadans. 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">LGBT rights in Wyoming</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons 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">LGBT rights in Louisiana</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons 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, and 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">LGBT rights in West Virginia</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of West Virginia face legal challenges not faced by non-LGBT persons. Same-sex sexual activity has been legal since 1976, and same-sex marriage has been recognized since October 2014. West Virginia statutes do not address discrimination on account of sexual orientation or gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal.

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

The establishment of lesbian, gay, bisexual, and transgender (LGBT) rights in the U.S. state of Vermont is a recent occurrence, with most progress having taken place 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 until the landmark Supreme Court ruling of Obergefell v. Hodges, establishing equal marriage rights for same-sex couples nationwide.

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

The establishment of lesbian, gay, bisexual, and transgender (LGBT) 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">LGBT rights in Iowa</span>

Lesbian, gay, bisexual and transgender (LGBT) 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">LGBT rights in Hawaii</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Hawaii enjoy the same rights as non-LGBT 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">LGBT rights in Colorado</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Colorado enjoy most of the same rights as non-LGBT 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">LGBT 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 the state 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">LGBT rights in Arkansas</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Arkansas may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Arkansas. Same-sex marriage became briefly legal through a court ruling on May 9, 2014, subject to court stays and appeals. In June 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that laws banning same-sex marriage are unconstitutional, legalizing same-sex marriage in the United States nationwide including in Arkansas. Nonetheless, discrimination on the basis of sexual orientation and gender identity was not banned in Arkansas until the Supreme Court banned it nationwide in Bostock v. Clayton County, Georgia in 2020.

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

Lesbian, gay, bisexual, and transgender (LGBT) persons in the United States state of Virginia enjoy the same rights as non-LGBT persons. 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 since July 1, 2020, there is a statewide law protecting LGBT persons from discrimination in employment, housing, public accommodations, and credit. The state's hate crime laws effective since July 1, 2020, now explicitly include both sexual orientation and gender identity.

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

Lesbian, gay, bisexual, and transgender (LGBT) persons 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">LGBT rights in Kentucky</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. commonwealth of Kentucky have most of the same rights as non-LGBT persons have, but still face some legal challenges not experienced by other people. Same-sex sexual activity is legal in Kentucky. Same-sex couples and families headed by same-sex couples are not eligible for all of the protections available to opposite-sex married couples. On February 12, 2014, a federal judge ruled that the state must recognize same-sex marriages from other jurisdictions, but the ruling was put on hold pending review by the Sixth Circuit. Same sex-marriage is now legal in the state 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">LGBT rights in Idaho</span>

Lesbian, gay, bisexual and transgender (LGBT) people in the U.S state of Idaho face some legal challenges not experienced by non-LGBT 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 LGBT 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 LGBT people, and a 2016 survey by the same pollster found majority support for same-sex marriage.

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

Lesbian, gay, bisexual, and transgender (LGBT) people in Kansas may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Kansas, and the state has prohibited discrimination on the basis of sexual orientation and gender identity in employment, housing and public accommodations since 2020.

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 in Texas has been legal 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 and in its State Constitution. 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.

References

  1. ↑ Robbins, Charles. "LGBTQIA+ Quality of Life Study City Council Presentation". austintexas.gov. Retrieved 2023-01-29.
  2. ↑ Scribd https://www.scribd.com/document/248960006/Crawford-Martin-Opinion-1216 . Retrieved 2023-02-05.{{cite web}}: Missing or empty |title= (help)
  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. "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.
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