Question:
Does Texas recognize a marriage performed in another state if it involves a minor who did not obtain a court order removing the disabilities of minority?
Answer:
No. Texas does not recognize such a marriage. In Broussard v. Arnel, 596 S.W.3d 911 (Tex. App.—Houston [1st Dist.] 2019, no pet.), the court held that a minor who left Texas and married in Missouri at age fifteen was not married under Texas law and therefore was not emancipated under Texas law, as the minor did not obtain a court order removing the disabilities of his minority as required by statute. The court emphasized that the “place of celebration” rule did not compel Texas to recognize a marriage that is void under Texas law. Texas will not enforce a foreign law that is contrary to Texas public policy.