Same-Sex Marriage Stands Firm: The Supreme Court Refuses to Reopen the Debate
- Garcia-Windsor, P.C.
- Nov 11
- 3 min read
Updated: Nov 13
November 11, 2025
In a development that may reassure many and surprise others, the Supreme Court of the United States (SCOTUS) has once again declined to revisit the landmark, and contentious, decision that legalized same-sex marriage nationwide. On November 10, 2025, the Court turned down a petition to overturn its 2015 ruling in Obergefell v. Hodges, refusing to grant certiorari in a case brought by former Kentucky county clerk Kim Davis. Her appeal sought not only immunity from damages for refusing to issue licenses to same-sex couples, but also aimed squarely at reclaiming the constitutional ground that Obergefell secured. The decision sends a powerful signal: for now, at least, the legal recognition of same-sex marriage remains firmly in place. For clients of our firm in Dallas and across Texas, this means certainty and continuity in family-law planning, adoption rights, divorce proceedings, and spousal benefits. It means the legal terrain for same-sex couples is not shifting beneath their feet.
What just happened, an overview
The Supreme Court was asked to consider a petition from Kim Davis, who had refused to issue marriage licenses to same-sex couples after Obergefell and was fined over $360,000 in damages and attorney’s fees. Her case raised two principal issues: whether a government official’s religious objections could shield her from liability for complying with the Obergefell mandate, and whether SCOTUS should reconsider Obergefell itself. By declining to hear the appeal, the Court allowed the lower court rulings to stand and chose not to reopen the marriage-equality question at this time.
Why this matters for family law in Texas
Legal recognition and stability
The refusal to overturn Obergefell means that same-sex marriages remain valid across the United States and cannot be voided by states. In Texas, while the state statute still includes language under Texas Family Code § 6.204 stating that “A marriage between persons of the same sex … is void in this state,” federal law and precedent require recognition of same-sex marriage when validly entered in another jurisdiction. Legal analyses indicate that Texas now recognizes same-sex marriage rights under federal mandate and state practice. For clients of our firm, this means that marriage, divorce, and spousal rights for same-sex couples in Texas are enforceable and protected by existing precedent.
Practical consequences for couples
From adoption rights to estate planning, family formation to dissolution of marriage, the legal protections afforded to same-sex marriages matter deeply. A same-sex couple married elsewhere and residing in Texas can rely on the recognition of that marriage under the federal principle set by Obergefell and the Respect for Marriage Act (2022), which requires states to recognize valid out-of-state marriages. For divorces, child-custody matters, and property division, the permanence of marriage recognition reduces uncertainty for planning and dispute resolution.
What remains uncertain (and what to watch)
Although the Court has declined to revisit the issue now, some justices, notably Justice Clarence Thomas, have signaled interest in reconsidering substantive-due-process precedents, including same-sex marriage. This means that while the issue is stable today, subtle legal shifts may lie ahead. Also, because Texas statutes still contain prohibitory language, clients must be cautious: state statutes may not reflect current federal constitutional standards, and thus professional legal guidance remains essential. Additionally, ancillary issues, such as parental presumption for non-biological same-sex spouses, remain more complex under Texas law.
Strategic advice for our clients
Review your marriage documentation
Ensure that your marriage is validly executed and recognized. For same-sex couples married outside Texas, confirm recognition under federal law and prepare documentation accordingly.
This applies to those with a common law marriage in Texas. Update family-law planning
Given the relative stability of the law, same-sex couples should revisit their prenuptial and postnuptial agreements, estate-planning documents, parenting plans, and adoption steps. This is especially important in high-asset divorces or complex child-custody situations.
Prepare for potential litigation
Even though the ruling stands, the fact that the Court did not issue an opinion means that future challenges may arise. It is prudent to retain legal advisory support, especially for same-sex couples entering marriage, facing divorce, or managing international or interstate family law issues.
