Texas Definition of Marriage, Proposition 2 (2005)
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.
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.
Judge Guy Herman of the Travis County Probate Court ruled the ban on same-sex marriage unconstitutional on February 18, 2015. 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.
|Texas Proposition 2 (2005)|
|Overturned Case:DeLeon v. Perry.|
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.
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)
- Alabama Sanctity of Marriage, Constitutional Amendment 774 (June 2006)
- 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)
- North Carolina Same-Sex Marriage, Amendment 1 (May 2012)
Cases overturning the following bans have been appealed to higher courts and are currently stayed:
- Nebraska Marriage Definition Amendment, Initiative 416 (2000)
- Missouri Marriage Definition, Amendment 2 (August 2004)
- Note: Same-sex marriage is legal in St. Louis County and the state recognizes same-sex marriages.
- Mississippi Marriage Definition, Amendment 1 (2004)
- Arkansas Same-Sex Marriage Ban, Proposed Constitutional Amendment 3 (2004)
- South Dakota Marriage Amendment (2006)
- 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:
- 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)
- 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
- Legislative Reference Library of Texas, "Constitutional amendment election dates," accessed January 15, 2015
- Texas Legislative Council, "Amendments to the Texas Constitution Since 1876," accessed January 15, 2015
- 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
- Huffington Post, "Texas Judge Rules State Ban On Same-Sex Marriage Unconstitutional," February 17, 2015
- KVUE, "Same-sex marriage supporters rally at Capitol after ruling," February 17, 2015
State of Texas
|State executive offices||
Governor | Lieutenant Governor | Secretary of State | Attorney General | Comptroller | State Auditor | Commissioner of Education | Commissioner of Insurance | Commissioner of Agriculture | Commissioner of General Land Office | Chairman of Workforce Commission | Chairman of Public Utilities | Chairman of Railroad Commission |
|historical ballot measure article requires that the text of the measure be added to the page.|