Texas Definition of Marriage, Proposition 2 (2005)

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Marriage and Family
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Texas Constitution
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3 (1-43)3 (44-49)3 (50-67)

The Texas Definition of Marriage Amendment, also known as Proposition 2, was on the November 8, 2005 ballot in Texas as a legislatively-referred constitutional amendment, where it was approved. The measure defined marriage in Texas as solely the union of a man and woman, and provided that the state and its political subdivisions could not create or recognize any legal status identical to or similar to marriage, including such legal status relationships created outside of Texas.[1][2]

Proposition 2 was one of two marriage-related ballot measures on the 2005 ballot, the other being the Kansas Marriage Amendment (2005), which also was approved.


District Court

On February 26, 2014, U.S. District Court Judge Orlando Garcia declared the measure unconstitutional in a case brought by four plaintiffs: Victor Holmes, Mark Phariss, Cleopatra De Leon and Nicole Dimetman. Despite overturning the measure, Garcia placed a stay on his decision. This means the law will remain effectively in place until an appeal is heard and decided.[3]

Appeals Court

The 5th Circuit U.S. Court of Appeals has agreed to take up the case and set a tentative hearing date for the week of January 5, 2015.[4]

Probate Court

Judge Guy Herman of the Travis County Probate Court ruled the ban on same-sex marriage unconstitutional on February 18, 2015.[5] Judge Herman contended that the constitutional ban violates "the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the Unites States Constitution." However, the judge's order did not include a mandate for Travis County to issue marriage licenses to same-sex couples.[6]

Election results

Texas Proposition 2 (2005)
OverturnedotOverturned Case:DeLeon v. Perry. 
Yes 1,723,782 76.25%

Election results via: Legislative Reference Library of Texas

Text of measure

The text of the measure can be read here.

Path to the ballot

See also: Laws governing direct democracy in Texas

As laid out in Article 17 of the Texas Constitution, in order for a proposed constitutional amendment to be placed on the ballot, the Texas State Legislature must propose the amendment in a joint resolution of both the Texas State Senate and the Texas House of Representatives. The joint resolution can originate in either the House or the Senate. The resolution must be adopted by a vote of at least two-thirds of the membership of each house of the legislature. That amounts to a minimum of 100 votes in the House of Representatives and 21 votes in the Senate.

Similar measures

Voters in 30 states have approved legislatively-referred constitutional amendments or initiated constitutional amendments prohibiting same-sex marriages at the ballot box. The first constitutional prohibition was in 1998, and the latest one occurred in May 2012. Most of these amendments define marriage along the lines of a "union of one male and one female."


The following constitutional bans were approved by voters, but later overturned by courts:


Cases overturning the following bans have been appealed to higher courts and are currently stayed:

Note: Same-sex marriage is legal in St. Louis County and the state recognizes same-sex marriages.


The following constitutional bans were approved by voters and have been upheld or not overturned by courts:


The following constitutional bans were defeated by voters:

Note: Arizonans defeated a measure in 2006, but approved one in 2008, which has been overturned.

See also

Suggest a link

External links


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