Texas Proposition 2, Definition of Marriage Amendment (2005)
| Texas Proposition 2 | |
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| Election date |
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| Topic Family-related policy and LGBTQ issues |
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| Status |
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| Type Legislatively referred constitutional amendment |
Origin |
Texas Proposition 2 was on the ballot as a legislatively referred constitutional amendment in Texas on November 8, 2005. It was approved.
A "yes" vote supported defining marriage as solely between one man and one woman and prohibiting the establishment or recognition of similar legal statuses. |
A "no" vote opposed defining marriage as solely between one man and one woman and prohibiting the establishment or recognition of similar legal statuses. |
Election results
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Texas Proposition 2 |
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| Result | Votes | Percentage | ||
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1,723,782 | 76.25% | ||
| No | 536,913 | 23.75% | ||
Overview
What did this amendment do?
This measure amended the Texas Constitution to provide that marriage would only be recognized as between one man and one woman.
Aftermath
U.S. 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.[1]
Fifth Circuit Court
The Fifth Circuit U.S. Court of Appeals agreed to take up the case and set a tentative hearing date for the week of January 5, 2015.[2]
Probate Court
Judge Guy Herman of the Travis County Probate Court ruled the ban on same-sex marriage unconstitutional on February 18, 2015.[3] Judge Herman contended that the constitutional ban violated "the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution." However, the judge's order did not include a mandate for Travis County to issue marriage licenses to same-sex couples.[4]
U.S. Supreme Court
- See also: Obergefell v. Hodges
On June 26, 2015, the United States Supreme Court ruled that same-sex couples have a constitutional right to marriage under the Fourteenth Amendment of the United States Constitution in the case Obergefell v. Hodges. The ruling overturned bans on same-sex marriage.[5]
Justice Anthony Kennedy authored the opinion and Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined. Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas and Samuel Alito each authored a dissent.[6]
Text of measure
Ballot title
The ballot title for Proposition 2 was as follows:
| “ | Proposing a constitutional amendment providing that marriage in this state consists only of the union of one man and one woman. | ” |
Full Text
The full text of this measure is available here.
Support
Supporters
Officials
- Gov. Rick Perry (R)
Organizations
Opposition
Opponents
Organizations
Path to the ballot
- See also: Amending the Texas Constitution
A two-thirds vote was needed in each chamber of the Texas State Legislature to refer the constitutional amendment to the ballot for voter consideration.
The constitutional amendment was introduced into the Texas State Legislature as House Joint Resolution 6 during the 79th regular legislative session in 2005.[7]
See also
External links
Footnotes
- ↑ 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
- ↑ NPR, "Supreme Court Declares Same-Sex Marriage Legal In All 50 States," June 26, 2015
- ↑ Supreme Court of the United States, "Obergefell v. Hodges," June 26, 2015
- ↑ Legislative Reference Library of Texas, "Constitutional amendment election dates," accessed June 1, 2023
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