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Texas Same-Sex Marriage Amendment (2015)

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Not on Ballot
Proposed ballot measures that were not on a ballot
This measure was not put
on an election ballot

The Texas Same-Sex Marriage Amendment was not on the November 3, 2015 ballot in Texas as a legislatively referred constitutional amendment. The measure, upon voter approval, would have legalized same-sex marriage in Texas by repealing Proposition 2 of 2005.[1] Proposition 2 defined marriage as "the union of one man and one woman."

The measure was introduced into the Texas Legislature by Rep. Garnet Coleman (D-147) as House Joint Resolution 34.[2] Sen. Jose R. Rodriguez (D-29) and Sen. Juan Hinojosa (D-20) introduced an identical bill, known as Senate Joint Resolution 13, into the Texas Senate.[3]

Background

See also: Texas Definition of Marriage Act, Proposition 2 (2005)

In 2005, 76 percent of Texas voters agreed to amend the state's constitution to define "marriage" as "the union of one man and one woman" and prohibit the state or any political subdivision of the state from recognizing any legal status identical or similar to marriage. Only 24 percent voted against the amendment.

On February 26, 2014, Judge Orlando Garcia of the U.S. District Court for Western Texas declared Proposition 2 unconstitutional in a case brought by four plaintiffs: Victor Holmes, Mark Phariss, Cleopatra De Leon and Nicole Dimetman. Despite overturning the proposition, Garcia placed a stay on his decision. This means the constitutional ban remains effectively in place until an appeal is heard by a higher court.[4]

The 5th Circuit U.S. Court of Appeals agreed to take up the case during the week of January 5, 2015.[5]

Text of measure

Ballot title

The proposed ballot title was:[1]

The constitutional amendment repealing the constitutional provision 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.[6]

Constitutional changes

See also: Article 1, Texas Constitution

The proposed amendment would have repealed Section 32 of Article 1 of the Texas Constitution. The following struck-through text would have been deleted by the proposed measure's approval:

Section 32.

Marriage

(a) Marriage in this state shall consist only of the union of one man and one woman.

(b) This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.[6]

Path to the ballot

See also: Amending the Texas Constitution

The proposed constitutional amendment was filed by Rep. Garnet Coleman (D-147) as House Joint Resolution 26 on November 10, 2014.[2] Sen. Jose R. Rodriguez (D-29) and Sen. Juan Hinojosa (D-20) introduced an identical bill, known as Senate Joint Resolution 13, into the Texas Senate.[3] A two-thirds vote in both chambers of the Texas State Legislature was required to refer this amendment to the ballot. Texas is one of 16 states that require a two-thirds supermajority vote in both chambers. The measure was not approved by both chambers of the legislature.

See also

External links

Additional reading

Footnotes