Gay Marriage In Texas: What The Ruling Means For Your Rights

Does the Supreme Court’s recent ruling on gay marriage mean that Texas employers can no longer discriminate against employees because of their sexual orientation?

The short answer: No.  In Texas, it is still legal for an employer to discriminate against an employee because he or she is gay.  In Obergefell v. Hodges, the Supreme Court determined that the laws banning same-sex marriage are unconstitutional.  The ruling means that men and women across the country now have the constitutionally protected right to get married to a member of the same sex.  However, the ruling does not affect the federal employment discrimination law, Title VII of the Civil Rights Act of 1964, or the Texas employment discrimination law, the Texas Commission on Human Rights Act.

The Employment Non-Discrimination Act

The Employment Non-Discrimination Act has been repeatedly proposed in Congress as legislation to provide LGBT employees protection in employment.  However, it has not gained enough traction to ultimately be passed.  A similar law has been drafted in the Texas Legislature, but it has also failed to garner the support necessary for it to become state law.  While there is hope that the laws will ultimately be amended, currently both state and federal law do not protect employees from discrimination on the basis of their sexual orientation.  In Texas, a man could marry another man, but either one could be fired from his job because his boss finds out that he is gay.

Currently, LGBT individuals have had very limited success in the courtroom pursuing claims of discrimination.  The primary argument used in these cases has been that of gender discrimination; in that the employee did not conform to gender norms or gender stereotypes.  With the Supreme Court determining that same-sex marriage is legal, one new angle that terminated gay employees could pursue would be based on a violation of his or her Constitutional rights.  Just like an employee cannot be fired for exercising his or her right to freedom of speech, an employee should not be fired for exercising his or her right to marriage.

While there may still be limited rights for the LGBT community in Texas for employment discrimination, it is still important to evaluate all legal options if you believe that you have been wrongfully fired.  If you believe that you have been fired or otherwise discriminated against because of your sexual orientation, you should talk to an employment discrimination attorney as soon as possible.