Relationship Recognition
The Issue
Lesbian, gay, bisexual and transgender (LGBT) families are not recognized or treated equally under Texas law.
The Texas Constitution was amended in November, 2005 to read:
Marriage in this state shall consist only of the union of one man and one woman. This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.
Adding insult to injury, the legislative resolution that proscribed the constitutional amendment contained the following language:
This state recognizes that through the designation of guardians, the appointment of agents, and the use of private contracts, persons may adequately and properly appoint guardians and arrange rights relating to hospital visitation, property, and the entitlement to proceeds of life insurance policies without the existence of any legal status identical or similar to marriage.
In reality, the constitutional amendment has been used across the board to inhibit recognition of private contracts specifically designed to help protect LGBT families.