Families & Communities

Since 2015, marriage equality has been the law of the land. When the US Supreme Court ruled in Obergefell v. Hodges that bans on same-sex marriage were illegal, Texas’s ban on same-sex marriage became null and void. There are nearly 60 thousand same-sex couples who are legally married and living in Texas. In recent years, some government officials have refused to issue marriage licenses to same-sex couples on religious grounds. But the law is clear, marriage is a right that exists for all couples regardless of sexual orientation. The opinions of the clerk, judge, or justice of the peace cannot change a couple’s legal rights.

Both queer and straight couples are legally allowed to adopt children in the state of Texas. Unmarried couples may need to each adopt the child individually. Not all adoption agencies, however, may serve LGBTQIA+ couples. In the state of Texas it is legal for religious adoption agencies to refuse service to LGBTQIA+ couples. Therefore, it is essential that couples or individuals seeking to adopt ensure that their adoption agency works with LGBTQIA+ people.

Prior to the landmark decision in Lawrence v. Texas, private intimate relationships between consenting same-sex adults were illegal in the state of Texas. However, the US Supreme Court changed that in 2003. While the antiquated so-called “sodomy law” remains on the books in Texas, it is null and void. Private relationships between consenting adults are legal across the country and in the state of Texas. Recent rulings from the US Supreme Court have undercut the legal theory in which Lawrence v. Texas was grounded; however, even far-right lawmakers have called for the repeal of the antiquated law.

Aging brings a whole host of new challenges for individuals, their caretakers, and their families. Those challenges are often even more pronounced for LGBTQIA+ seniors. Forty eight percent of LGBTQIA+ elders report facing discrimination when looking for senior housing, with trans seniors facing even higher rates of discrimination. HIV disproportionately impacts LGBTQIA+ seniors, and queer seniors are less likely than their peers to connect with medical professionals—only 1/3 of trans people have a regular doctor. Among the many challenges faced by LGBTQIA+ seniors, social isolation is the most common.  

Intimate partner violence (also known as domestic abuse) impacts the LGBTQIA+ community just as much, if not more so than people in straight relationships.  Bisexual and lesbian women are more likely to experience intimate partner violence than their straight counterparts, and more than half of all trans and gender expansive people in the US have experienced intimate partner violence.

Addressing intimate partner violence in the LGBTQIA+ community requires cultural and sensitivity training on the part of law enforcement in order to effectively respond. Additionally, it is important that trans women have access to shelters and other safe spaces for women escaping intimate partner violence.

Far-right attacks on the LGBTQIA+ community have turned to queer-centered spaces in the past few years, including drag shows. Drag is an art form where performers dress up in elaborate, over-the-top outfits that often play with gender expression in creative ways for the purpose of entertaining others. Some lawmakers have attempted to paint all drag performances as sexual or sexist. Even Disney shows come in a range of ratings, from PG to PG-13, similarly a drag show at a nightclub will be different from drag bingo at a local church. Despite attempts to legislate drag shows out of existence in 2023, the law is currently under injunction for violating the first amendment right to free speech.