Court Applies Common Law Marriage Retroactively To Same Sex Couple

A Travis County probate judge has ruled that a same sex relationship which was formed while gay marriage was illegal qualifies as a common law marriage. The judge ruled that a marriage was formed since the couples constitutional rights were being violated which removed any impediment the illegality might have had on the relationship. At one point, embattled Attorney General Ken Paxton intervened in the case arguing against the position the court eventually adopted. In addition, Paxton was removed from the case after the judge ruled that the state no longer had any interest in the proceedings. This ruling has been hailed as groundbreaking by LGBT groups although Paxton’s office has yet to confirm that they will no longer contest the issue.

See Matt Ferner, Texas Judge Recognizes Same-Sex Common Law Marriage In Historic Ruling, Huffpost Politics, September 18, 2015.