You Can Marry a Texas Inmate, But Save the Ceremony for Later

November 25, 2025 – Texas residents can legally marry an incarcerated partner, but the process is far more complicated than most people realize. While inmates retain the constitutional right to marry, the Texas Department of Criminal Justice has imposed strict rules that sharply limit how weddings can take place.

The biggest obstacle is the state’s ban on in-person prison weddings. Couples are not allowed to hold ceremonies inside correctional facilities. Instead, marriages must be conducted through a proxy ceremony, in which a stand-in — often an attorney or designated representative — participates on behalf of the inmate. This system was created to streamline security procedures, though many families say it removes the emotional core of a marriage ceremony.

To start the process, the inmate must file a marriage request through prison officials, and the outside partner must independently obtain a marriage license. Both parties must submit notarized affidavits confirming their eligibility to marry. The prison warden then reviews the request and can deny it for safety or administrative reasons.

Supporters of the policy say it protects inmate rights while keeping prisons safe. Critics argue it places an unfair burden on families and strips away meaningful human connection. Despite the hurdles, hundreds of Texans navigate the process each year — showing that even behind bars, people continue to pursue commitment and stability.