2005 Texas Proposition 2 was a proposed amendment to the Constitution of Texas to define marriage as between one man and one woman, thereby prohibiting same-sex marriage. The amendment also prohibited the state from creating or recognizing "any legal status identical or similar to marriage." Placed on the ballot by House Joint Resolution 6, the ballot measure was approved with more than 76% of votes cast in favor. Supporters of the amendment included Governor Rick Perry and Attorney General Greg Abbott, while opponents included the National Gay and Lesbian Task Force, as well as numerous newspapers throughout the state.

Following the United States Supreme Court's June 2015 decision in Obergefell v. Hodges, which found all bans on same-sex marriage to be in violation of two clauses of the Fourteenth Amendment, the ban became unenforceable, thereby legalizing same-sex marriage.

Background

In 1973, the Texas state legislature amended its state statute to require marriages to be between "a man and a woman." The change came after a same-sex couple applied for a marriage license the previous year in Wharton County.[1] In 1997, Governor George W. Bush signed into law a change to marriage laws to explicitly prohibit the issuance of a marriage license to a same-sex couple.[1] In 2003, the Texas legislature passed a defense of marriage act, which prohibited the state from recognizing same-sex marriages and civil unions performed in a foreign jurisdiction.[2] Governor Rick Perry signed the bill on May 28 of that year,[2] and it went into effect on September 1.[3]

Legislative approval

House Joint Resolution 6 (HJR 6) placed Proposition 2 on the ballot. Introduced by State Representative Warren Chisum, the proposition originally did not contain a ban on civil unions.[4] However, an amendment to the original resolution, to ban such contracts, was passed by the Texas House 98–41.[4] This amendment to include a ban on civil unions was also authored by Chisum.[4] In the state house, during debate on HJR 6 before it was approved, several legislators introduced amendments to the resolution, ranging from removing the provision banning civil unions, to providing that the amendment did not prohibit any contractual relationship already occurring.[4] In the state senate, amendments ranged from prohibiting the state from recognizing a marriage if one of the individuals to the marriage had previously married three or more times, to stating that a marriage between a man and a woman "must include some sexual intercourse".[5] The latter two were withdrawn before a vote could occur.[5]

The amended resolution was approved by the House 101–29 on April 25, 2005,[6] and by the Texas Senate 21–8 on May 21, 2005.[7] Section 1 of Article 17 of the Texas Constitution requires proposed constitutional amendments to be adopted by a vote of at least two-thirds of the membership of each chamber of the Texas Legislature.[8]

Endorsements

Support

Arguments from those in support of the amendment included that it was necessary to protect the traditional institution of heterosexual marriage,[9] and that Texans should decide how marriage is defined, rather than judges.[10]

Yes
State officials
State legislators
Party officials
Organizations

Opposition

Arguments from those in opposition to the amendment included that it did not allow for the possibility of civil unions,[12] that same-sex marriage was already banned by state statute, making it unnecessary to ban constitutionally,[13] and that federal law already allowed for Texas to not recognize same-sex marriages performed in foreign jurisdictions.[14]

Contents and amendment

Ballot wording

The amendment, which was decided by voters alongside the 2005 Texas constitutional amendment election on November 8, 2005,[21] had the following information given to voters for it:[22]

PROPOSITION 2

"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."

PROPOSICIÓN 2

"Enmienda constitucional que dispone que en este estado el matrimonio consiste exclusivamente en la unión de un hombre y una mujer y que desautoriza, en este estado o en alguna subdivisión política del mismo, la creación o el reconocimiento de cualquier estatus jurídico idéntico o semejante al matrimonio."

[] For / A Favor De

[] Against / En Contra De

Amendment language

The amendment added Article 1 to Section 32 of the Texas Constitution:[23]

(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.

Results

Proposition 2 passed by a vote of more than three-to-one.[21] With a voter turnout of ~18%,[24] higher than the 16% predicted by Secretary of State Roger Williams,[25] this was the highest participation in a Texas constitutional amendment election since 1991.[24] Of Texas's 254 counties, 253 of the 254 voted in favor of Proposition 2.[21] Travis County, which includes Austin,[26] was the only county to oppose the amendment, with slightly under 60% of voters opposing it.[21] The highest level of support for the amendment came from Martin County, with 95.41% of votes cast in favor.[21]

Analysis

State comparison

Texas became the nineteenth state to adopt a state-level constitutional ban on same-sex marriage,[27] and the second state to ban it in 2005, after Kansas in April.[28]

Racial analysis

Although African Americans and Hispanics typically vote Democratic in Texas,[29] they heavily backed the amendment.[29] In an analysis by Robert Stein, a political scientist from Rice University, he found that about 75% of Black voters in and around Houston voted in favor of the ban.[29] Stein stated that the success from Black voters was "explained by heavy black turnout by African American women who go to church."[29] Kelly Shackelford, at the time the president of the Free Market Foundation, a group that advocated in favor of the amendment,[29] said that the group "didn't even call Republican homes. We called Hispanics, African Americans and rural Texas voters. That's where the numbers were."[29]

Court decisions

On October 1, 2009, a state district court judge ruled in the case of In re Marriage of J.B. and H.B. that the amendment was unconstitutional under the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. The lawsuit was filed by two men living in Dallas who had married in Massachusetts in 2006. Texas Attorney General Greg Abbott and Governor Rick Perry appealed to the Fifth Court of Appeals in Dallas. On August 31, 2010, the appellate court reversed the district court, ruling that the amendment did not violate the U.S. Constitution and that district courts in Texas do not have subject-matter jurisdiction to hear a same-sex divorce case.[30]

On February 26, 2014, Federal Judge Orlando Garcia ruled Texas' same-sex marriage bans to be unconstitutional,[27] though he stayed his ruling after anticipating it would be appealed.[31] A three-judge panel of the 5th Circuit Court of Appeals held a hearing on the matter nearly a year later.[32] Though, before they could rule, the United States Supreme Court delivered its ruling in Obergefell v. Hodges, finding all bans on same-sex marriage to be in violation of the Due Process and Equal Protection clauses of the Fourteenth Amendment.[33] Thereafter, in light of the Supreme Court's decision, Judge Garcia lifted the stay from his ruling, allowing his decision taking down the ban to go into effect.[32]

See also

References

  1. 1 2 McGaughy, Lauren (November 29, 2014). "Tough journey for pioneering same-sex couple". San Antonio Express-News. Retrieved March 9, 2026.
  2. 1 2 "Texas governor signs defense of marriage act". The Advocate (magazine). May 28, 2003. Retrieved March 9, 2026.
  3. ↑ "Sec. 6.204. Recognition of same-sex marriage or civil union". Texas Constitution and Statutes. Retrieved March 9, 2026.
  4. 1 2 3 4 "Fifty-Fifth Day — Monday, April 25, 2005" (PDF). Texas House of Representatives. Retrieved March 9, 2026.
  5. 1 2 "Saturday, May 21, 2005" (PDF). Texas.gov. Retrieved March 9, 2026.
  6. ↑ "Ban on gay marriage heads to Texas Senate". Houston Chronicle. April 26, 2005. Retrieved March 8, 2013.
  7. ↑ "Same-sex marriage ban going to voters Nov. 8". Houston Chronicle. May 22, 2005. Retrieved March 8, 2013.
  8. ↑ "The Texas Constitution". Retrieved March 7, 2021.
  9. 1 2 3 Robison, Clay (November 6, 2005). "Ku Klux Klan backs Proposition 2". The Victoria Advocate. Retrieved March 9, 2026 – via Newspapers.com.
  10. 1 2 3 "Ban on Gay Marriage Passes Overwhelmingly". Tyler Morning Telegraph. Associated Press. November 10, 2005. Retrieved March 9, 2026 – via Newspapers.com.
  11. ↑ Chapa, Rebeca (November 9, 2005). "Texans say they want to ban gay marriage". San Antonio Express-News. Retrieved March 9, 2026 – via Newspapers.com.
  12. 1 2 "Voters should approve 8 of 9 amendments". Corpus Christi Caller-Times. November 4, 2005. Retrieved March 9, 2026 – via Newspapers.com.
  13. 1 2 "Our view". The Marshall News Messenger. November 8, 2005. Retrieved March 15, 2026 – via Newspapers.com.
  14. 1 2 "Statewide impact". Waco Tribune-Herald. November 6, 2005. Retrieved March 9, 2026 – via Newspapers.com.
  15. ↑ Blumenthal, Ralph (October 13, 2005). "In Texas, Marriage Is on Ballot". The New York Times. Retrieved March 15, 2026. The commercial, one of seven unveiled here Wednesday by the National Gay and Lesbian Task Force, is part of the opening advertising campaign in a battle over a ballot proposition to ban same-sex marriage in the Texas Constitution...The final message of the spots: Vote no.
  16. ↑ "Recap of Endorsements". Austin American-Statesman. November 5, 2005. Retrieved March 9, 2026 – via Newspapers.com.
  17. ↑ "Vote today". El Paso Times. November 8, 2005. Retrieved March 9, 2026 – via Newspapers.com.
  18. ↑ "Board recaps its election positions". San Angelo Standard-Times. November 7, 2005. Retrieved March 9, 2026 – via Newspapers.com.
  19. ↑ "Recapping Eagle recommendations". The Bryan-College Station Eagle. November 7, 2005. Retrieved March 9, 2026 – via Newspapers.com.
  20. ↑ "Vote today". The Victoria Advocate. November 8, 2005. Retrieved March 9, 2005 – via Newspapers.com.
  21. 1 2 3 4 5 6 "2005 Constitutional Amendment Election Prop. 2 Same sex marriage denied legal status". Texas Secretary of State. Retrieved March 9, 2026.
  22. ↑ "2005 Texas constitutional amendments sample ballot". Corpus Christi Caller-Times. November 8, 2005. Retrieved June 24, 2026 – via Newspapers.com.
  23. ↑ "The Texas Constitution Article 1". Texas Constitution and Statutes. Retrieved March 26, 2026.
  24. 1 2 Bendery, Jennifer (November 9, 2005). "State officials react to election results; GOP lauds landslide passage of Prop 2". KERA News. GalleryWatch.com. Retrieved March 9, 2026.
  25. ↑ "Texas' voter turnout reaches 18 percent". The Marshall News Messenger. Associated Press. November 10, 2005. Retrieved July 5, 2026 – via Newspapers.com.
  26. ↑ Shannon, Kelley (November 9, 2005). "Texas from 1A". Corpus Christi Caller-Times. Associated Press. Retrieved March 9, 2026 – via Newspapers.com.
  27. 1 2 Botelho, Greg; Mears, Bill (February 2014). "Texas ban on same-sex marriage struck down by federal judge". CNN. Retrieved March 9, 2026.
  28. ↑ "Texans Handily Pass Gay Marriage Ban". Stateline. November 7, 2005. Retrieved July 4, 2026.
  29. 1 2 3 4 5 6 Hughes, Polly Ross; Ratcliffe, R.G. (November 10, 2005). "Minorities embraced gay marriage ban". San Antonio Express-News. Retrieved July 4, 2026 – via Newspapers.com.
  30. ↑ Appleton, Roy (August 31, 2010). "Dallas judge's ruling saying gay couple could divorce in Texas rejected on appeal". Dallas Morning News. Archived from the original on October 3, 2010. Retrieved August 31, 2010.
  31. ↑ Ura, Alexa (January 9, 2015). "Appeals Judges Raise Doubts on Gay Marriage Ban". The Texas Tribune. Retrieved March 9, 2026.
  32. 1 2 Ura, Alexa (July 1, 2015). "Texas Concedes Legal Challenge to Same-Sex Marriage Ban". The Texas Tribune. Retrieved March 9, 2026.
  33. ↑ "Obergefell v. Hodges". Oyez. Retrieved March 7, 2026.
source: https://en.wikipedia.org/wiki/2005_Texas_Proposition_2