Texas House Bill HB1685

Texas 2023 - 88th Regular

• Filed: 1/26/23

Caption

Relating to certain statutory changes to reflect and address same-sex marriages.

Impact

If enacted, HB 1685 would significantly impact how the state of Texas recognizes and processes marriage licenses, including informal marriages. The revised language not only aims to eliminate discrimination against same-sex couples but also promotes equal treatment under the law. This bill harmonizes Texas marriage statutes with the expanded definition of marriage that includes same-sex couples, thereby fostering an environment of equal legal recognition while helping to avoid potential legal challenges stemming from outdated language in the law.

Summary

House Bill 1685 addresses necessary statutory changes to align with the legal recognition of same-sex marriages in Texas. The bill amends several sections of the Family Code, which were previously written with gender-specific language, to be more inclusive of all individuals seeking to enter into a ceremonial marriage. This includes removing references to 'a man and a woman' and allowing any two individuals to apply for a marriage license. Overall, the bill seeks to ensure that the laws regarding marriage reflect the current legal and social status of same-sex marriage in Texas, as established by precedent and broader societal acceptance.

Sentiment

The sentiment surrounding HB 1685 appears to be generally positive among supporters of LGBTQ+ rights and advocates for marriage equality. Proponents view this bill as a vital and overdue update to the state's Family Code that acknowledges the rights of same-sex couples. However, there may still be contention from conservative groups or individuals opposed to expanding marriage definitions, signaling an ongoing debate about the implications of this change on Texas values and traditions.

Contention

While many agree on the necessity of updating discriminatory language, some opponents argue that this bill could lead to further legal complications regarding marriage rights and religious freedoms. Points of contention include concerns about how the changes might affect religious institutions and their ability to operate according to their beliefs regarding marriage. The discussion encapsulates broader social debates about the role of government in regulating marriage and the sacredness of the institution itself.

Texas Constitutional Statutes Affected

Family Code

• Chapter 2. The Marriage Relationship
  • Section: New Section
  • Section: 004

• Chapter 6. Suit For Dissolution Of Marriage
  • Section: New Section
  • Section: 202
  • Section: 203
  • Section: 704