Texas Definition of Marriage Act, Proposition 2 (2005)
The Texas Definition of Marriage Referendum, also known as Proposition 2, was on the November 8, 2005 election ballot in Texas as a legislatively-referred constitutional amendment, where it was approved. The measure defined marriage in Texas is solely the union of a man and woman, and 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.
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.
|Texas Proposition 2 (2005)|
|Overturned Case:DeLeon v. Perry.|
Text of measure
The language appeared on the ballot as:
|“||The constitutional amendment providing that marriage in this state consists only of the union of one man and one woman and prohibiting this state or a political subdivision of this state from creating or recognizing any legal status identical or similar to marriage."||”|
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.
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:
- Alaska Marriage Amendment, Measure 2 (1998)
- Nevada Marriage Amendment, Question 2 (2002)
- Montana Marriage Verification, Measure CI-96 (2004)
- Oklahoma Marriage Question 711 (2004)
- Oregon Marriage Measure 36 (2004)
- Utah Same-Sex Marriage Ban, Amendment 3 (2004)
- Kansas Marriage Amendment (2005)
- Colorado Definition of Marriage, Initiative 43 (2006)
- Idaho Marriage Definition, HJR 2 (2006)
- South Carolina Amendment 1, the Marriage Act (2006)
- Virginia Question 1, Marriage Amendment (2006)
- Wisconsin Marriage Amendment, Question 1 (2006)
- Arizona Marriage Protection, Proposition 102 (2008)
- California Proposition 8, the "Eliminates Right of Same-Sex Couples to Marry" Initiative (2008)
- Florida Definition of Marriage, Amendment 2 (2008)
- Note: Florida's repeal will go into effect on January 5, 2015.
Cases overturning the following bans have been appealed to higher courts and are currently stayed:
- Missouri Marriage Definition, Amendment 2 (August 2004)
- Mississippi Marriage Definition, Amendment 1 (2004)
- Arkansas Same-Sex Marriage Ban, Proposed Constitutional Amendment 3 (2004)
- Texas Definition of Marriage Act, Proposition 2 (2005)
The following constitutional bans were approved by voters and have been upheld or not overturned by courts:
- Nebraska Marriage Definition Amendment, Initiative 416 (2000)
- Louisiana Marriage Amendment, Question 1 (September 2004)
- Georgia Marriage Amendment, Question 1 (2004)
- Kentucky Marriage Amendment (2004)
- Michigan Marriage Amendment, Proposal 2 (2004)
- North Dakota Definition of Marriage, Constitutional Measure 1 (2004)
- Ohio Issue 1, the Marriage Amendment (2004)
- Alabama Sanctity of Marriage, Constitutional Amendment 774 (June 2006)
- South Dakota Marriage Amendment (2006)
- Tennessee Same-Sex Marriage Ban, Amendment 1 (2006)
The following constitutional bans were defeated by voters:
- Note: Arizonans defeated a measure in 2006, but approved one in 2008, which has been overturned.
- Texas 2005 ballot measures
- 2005 ballot measures
- List of Texas ballot measures
- History of direct democracy in Texas
- November 8, 2005 constitutional amendments in Texas
- Proposition 2 Details
- Election results (From the drop-down menu, choose "2005 Constitutional Amendment Election")
- Texas Legislative Council, "Amendments to the Texas Constitution Since 1876," accessed February 27, 2014
- NPR The Two Way, "Federal Judge Voids Texas Gay Marriage Ban," February 26, 2014, accessed February 27, 2014
- The Times‑Picayune, "Arguments in gay marriage cases from Louisiana and Texas set for January," October 27, 2014
- Texas Secretary of State, "Proposed Constitutional Amendments November 8, 2005"
- Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.