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2005 Texas Proposition 2

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Proposition 2
November 8, 2005
Definition of Marriage Act
Results
Choice Votes %
In Favor 1,723,782 76.25%
Against 536,913 23.75%
Total votes 2,260,695 100.00%
Registered voters/turnout 12,577,545 17.97%

Yes

  90%–100%   80%–90%   70%–80%   60%–70%   50%–60%

No

  50%–60%

Source:
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Government

Proposition 2 was a referendum for a state constitutional amendment placed on the ballot by the Texas legislature and approved by the voters at the November 8, 2005 general election. The measure added a new provision to the Texas Constitution, Article 1, Section 32, which provides that "Marriage in this state shall consist only of the union of one man and one woman", and "This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage." Texas thus became the nineteenth US state to adopt constitutional amendment banning same-sex marriage. It was the most populous state to adopt a constitutional ban on same-sex marriage until California passed its ban in November 2008. The amendment was later invalidated in June 2015 after the Supreme Court legalized same-sex marriage nationwide in the Obergefell v. Hodges decision, though the amendment remains in the Texas Constitution.

Full text

Article 1, Section 32 of the Texas Constitution, as amended, states:

(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.

The joint resolution proposing the amendment included additional language about rights that the ban on same-sex marriage was not meant to restrict:

This state recognizes that through the designation of guardians, the appointment of agents, and the use of private contracts, persons may adequately and properly appoint guardians and arrange rights relating to hospital visitation, property, and the entitlement to proceeds of life insurance policies without the existence of any legal status identical or similar to marriage.

Legislative approval

As provided in Article 17, Section 1 of the Texas Constitution, a proposed constitutional amendment is placed on the ballot only after the Texas legislature has proposed the amendment in a joint resolution of both the Texas senate and the Texas house of representatives. The joint resolution may originate in either chamber. The resolution must be adopted by a vote of at least two-thirds of the membership of each chamber. That means a minimum of 100 votes in the house and 21 votes in the senate.

On April 25, 2005, the house voted 101 in favor and 29 against the proposed amendment to ban same-sex marriage and civil unions, authored by Warren Chisum. On May 21, 2005, the senate voted 21 in favor and 8 against the proposed amendment, and the ballot was set for November 8.

Campaign

Campaign funding and spending

Proponents raised $122,000, almost all from two donors, and opponents $391,000 in support of their campaigns on the proposition.

Proposition 2 attracted nearly $1.3 million in contributions. Seven committees opposing the proposition raised $782,410, almost 55 percent more than the nearly $506,000 collected by nine committees supporting it. Four committees against the measure raised $774,440, or almost 99 percent of the money raised to fight Proposition 2.

Ballot committee Position Total
Texans For Marriage Pro $339,880
Heritage Alliance PAC Pro $67,903
Focus on the Family Texas Marriage Amendment Committee Pro $51,188
Reagan Legacy Republican Women Pro $16,857
Texas Marriage Alliance Pro $10,175
Vote Yes On Prop. Two Pro $5,500
Conservative Republicans of Texas Pro $8,750
Conservative Republicans of Harris County Pro $5,433
Pro total $505,991
No Nonsense in November Con $350,096
Vote Against the Amendment Con $221,495
No Nonsense in 2006 Con $125,157
Save Texas Marriage Con $77,694
Practice What You Preach Con $4,858
Tarrant County Stonewall Democrats Con $1,740
Texans United Con $1,369
Con total $782,409
Total $1,288,400
Contributor State Industry Position Total
National Gay & Lesbian Task Force Washington, DC Gay Rights Con $111,979
Bob J. Perry Houston, Texas Home Builders Pro $110,000
Tim Gill Denver, Colorado Gay Rights Con $100,000
James Leininger San Antonio, Texas Pharmaceuticals & Health Products Pro $100,000
Vaquillas LLC Laredo, Texas Livestock Pro $100,000

Contributors across state lines

  • The National Gay & Lesbian Task Force gave nearly $122,000. All but $10,000 went to one committee in Texas.
  • Focus on the Family, a Colorado-based Christian organization led by Dr. James Dobson, gave almost $51,200 to a Texas committee it formed. Although the group's Kansas committee did not report any contributions, it did disclose expenditures of nearly $24,500, mostly on radio advertisements.
  • The Human Rights Campaign, a national organization promoting equality for homosexuals, contributed $34,900 to oppose the Texas measure.

Supporters

Supporters for the Proposition 2 (2005) were approximately 76% of the Texas voting population. Supporters claimed that marriage is a union between a man and a woman and these unions creates a child. The poll show at the time of the voting was approximately 82% in a public poll. The Texas Governor Rick Perry said at the time of the voting said, "Like the vast majority of Texans, I believe that marriage represents a sacred union between a man and a woman." Although his signature was irrelevant legally, Governor Rick Perry held a signing ceremony at an evangelical church in Fort Worth.

Opponents

Shortly before the election, a Presbyterian minister in Austin, Tom Hegar, argued that "a liberal activist judge" might interpret the wording of Subsection (b) to outlaw marriage itself and said, "Don't risk it; vote against it."

Attorney General Greg Abbott, however, defended the language of the amendment. Proponents claimed that criticism of the amendment's language was a "smokescreen" to confuse voters on the issue.

Pre-decision opinion polls

Many predicted Proposition 2 would pass, including opponents of Proposition 2. Supporters of Proposition 2, however, believed Texans might not vote because they will be overconfident after seeing landslide victories for marriage bans in other states.

  • A 2003 poll showed that 63 percent of Texans surveyed said they support a state prohibition on same-sex marriages.
  • An August 2005 Houston poll found that 64 percent of African Americans in Texas supported protection in the workplace for LGBT people. However, that same poll found 62 percent opposed same-sex couples being allowed to marry.

Results

Proposition 2,
"Definition of Marriage Act"
Choice Votes %
Referendum passed Yes 1,723,782 76.25
No 536,913 23.74
Total votes 2,260,695 100.00
Registered voters/turnout 12,577,545 17.97

Proposition 2 passed by a vote of more than three to one. With around 17.97 percent voter turnout, this was the highest participation in a constitutional amendment election since 1991, boasted by the same-sex marriage ban. Matt Foreman, executive director of the National Gay and Lesbian Task Force, said the outcome was not unexpected: "When you put a fundamental right of a minority up for popular vote, it's almost impossible to win."

County breakdown

Of Texas's 254 counties, 253 of the 254 voted in favor of Proposition 2. Travis County, which includes Austin, was the only county to oppose the amendment, with slightly under 60% of voters opposing it. Houston and Dallas, the 6th and 8th cities with the largest LGBT populations in the US, voted for Proposition 2. The largest county in Texas, Harris, voted 72.5 percent to 27.5 percent for Proposition 2, with 17.5 percent voter turn out; however, two Montrose-area precincts of the county with substantial LGBT populations reported turnouts of around 35 percent. King County, the most Republican county in Texas, had the highest voter turnout of any county, with 54.16 percent, while Starr County, the most Democratic county in Texas, had the lowest voter turnout of any county, with 3.05 percent.

Of the counties containing the ten largest Texas cities, Houston, San Antonio, Dallas, Austin, Fort Worth, El Paso, Arlington, Corpus Christi, Plano, and Laredo, only Austin voted against Proposition 2. Of the counties containing the ten largest Texas universities, Texas A&M University, the University of Texas at Austin, the University of Houston, the University of North Texas, Texas State University–San Marcos, the University of Texas at Arlington, Texas Tech University, the University of Texas at San Antonio, the University of Texas at El Paso, and the University of Texas at Dallas, only the University of Texas at Austin voted against Proposition 2. Glen Maxey, the first openly gay member of the Texas House of Representatives, visited the University of Texas campus after the polls closed, where he said students voted more than 4-to-1 against the amendment. Students at the University of Houston, University of North Texas, and Texas State University voted 2-to-1 against the amendment. However students at Texas A&M University and Baylor University voted 6-to-1 in favor of the amendment.

Breakdown of voting by county
County Yes Votes No Votes Voter turnout
Floyd 95.4% 1,134 4.6% 55 27.12%
Martin 95.4% 644 4.6% 31 23.45%
Ochiltree 95.1% 1,372 4.9% 71 29.34%
Parmer 95.1% 1,141 4.9% 59 24.47%
Hansford 95.1% 904 4.9% 47 29.70%
Childress 94.6% 902 5.4% 51 25.52%
Motley 94.5% 327 5.5% 19 38.06%
Hartley 94.3% 810 5.7% 49 29.97%
Dallam 94.3% 615 5.7% 37 20.31%
Lipscomb 94.1% 602 6.9% 38 33.49%
Wheeler 93.9% 1,057 7.1% 69 29.18%
Gaines 93.8% 1,663 6.2% 109 25.43%
Briscoe 93.8% 471 7.2% 31 39.93%
Hardin 93.7% 5,121 6.3% 342 16.60%
Panola 93.6% 3,429 6.4% 234 23.60%
Cass 93.5% 4,488 6.5% 343 26.41%
Jasper 93.5% 3,690 6.5% 258 19.12%
Newton 93.5% 1,552 6.5% 108 17.95%
Collingsworth 93.5% 563 6.5% 39 26.01%
Yoakum 93.4% 919 6.6% 65 22.91%
Lynn 93.3% 758 6.7% 54 19.66%
Hutchinson 93.2% 3,714 6.8% 272 24.92%
Moore 93.2% 2,271 6.8% 166 25.22%
Deaf Smith 93.2% 1,664 6.8% 121 18.64%
Sherman 93.2% 449 6.8% 33 34.35%
King 93.2% 109 6.8% 8 54.16%
Armstrong 93.1% 462 6.9% 32 33.11%
Stonewall 92.9% 340 7.1% 26 30.75%
Shelby 92.8% 2,942 7.2% 229 21.85%
Tyler 92.8% 2,332 7.2% 181 18.72%
Callahan 92.8% 1,782 7.2% 138 21.46%
Shackelford 92.8% 506 7.2% 39 21.86%
Red River 92.6% 1,520 7.4% 122 20.04%
Oldham 92.6% 375 7.4% 30 28.06%
Scurry 92.5% 1,955 7.5% 159 19.64%
Roberts 92.5% 236 7.5% 19 36.63%
Rusk 92.4% 6,269 7.6% 519 22.35%
Baylor 92.4% 580 7.6% 48 22.21%
Orange 92.3% 5,699 7.7% 476 11.80%
Hale 92.3% 3,568 7.7% 299 18.90%
Eastland 92.3% 2,386 7.7% 199 25.19%
Lavaca 92.2% 2,527 7.8% 215 19.93%
Terry 92.2% 1,381 7.8% 117 20.02%
Ward 92.2% 1,282 7.8% 109 21.69%
Carson 92.2% 1,278 7.8% 108 29.61%
Brown 92.1% 5,413 7.9% 466 24.27%
Bailey 92.1% 812 7.9% 70 21.25%
Knox 92.1% 563 7.9% 48 24.15%
Andrews 92.0% 1,617 8.0% 140 21.89%
Coleman 92.0% 1,224 8.0% 107 21.23%
San Saba 92.0% 977 8.0% 85 29.13%
Haskell 92.0% 913 8.0% 79 24.42%
Hockley 91.9% 2,663 8.1% 235 21.15%
Archer 91.9% 1,522 8.1% 134 26.00%
Madison 91.9% 1,314 8.1% 113 21.11%
Sterling 91.9% 193 8.1% 17 24.41%
Swisher 91.8% 991 8.2% 89 23.64%
Lamar 91.7% 6,134 8.3% 554 23.02%
Dawson 91.7% 1,482 8.3% 135 19.12%
Hemphill 91.7% 593 8.3% 54 28.59%
Sutton 91.7% 409 8.3% 37 17.26%
Van Verde 91.6% 7,189 8.4% 663 24.88%
Upshur 91.6% 5,194 8.4% 477 23.85%
Clay 91.6% 1,942 8.4% 177 27.65%
Hall 91.6% 490 8.4% 45 24.28%
Bowie 91.5% 8,651 8.5% 800 17.04%
Gary 91.5% 4,099 8.5% 379 30.75%
Live Oak 91.5% 1,033 8.5% 96 15.25%
Kimble 91.5% 668 8.5% 62 25.68%
Liberty 91.4% 5,477 8.6% 517 13.63%
Houston 91.3% 2,717 8.7% 258 19.77%
Mills 91.3% 805 8.7% 77 26.97%
Cottle 91.3% 230 8.7% 22 19.00%
Jack 91.2% 1,075 8.8% 104 24.10%
Castro 91.2% 938 8.8% 91 22.59%
Mitchell 91.2% 834 8.8% 80 17.61%
Morris 91.1% 1,755 8.9% 172 22.12%
Crane 91.1% 501 8.9% 49 21.91%
Harrison 91.0% 6,717 9.0% 662 17.68%
Wood 91.0% 6,231 9.0% 620 28.66%
Rains 91.0% 1,421 9.0% 141 24.44%
Donely 91.0% 689 9.0% 68 29.43%
Coke 91.0% 506 9.0% 50 22.32%
Hopkins 90.9% 3,947 9.1% 397 21.11%
Leon 90.9% 2,318 9.1% 233 22.99%
Cherokee 90.8% 5,329 9.2% 541 20.99%
Stephens 90.8% 193 9.2% 17 21.18%
Titus 90.7% 2,919 9.3% 298 21.34%
Hardeman 90.7% 545 9.3% 56 20.29%
Cochran 90.7% 441 9.3% 45 24.27%
Upton 90.7% 388 9.3% 40 21.24%
Anderson 90.6% 6,137 9.4% 640 23.92%
Montague 90.6% 2,655 9.4% 274 22.83%
Jackson 90.6% 1,946 9.4% 203 23.05%
Jones 90.6% 1,927 9.4% 201 20.87%
Concho 90.6% 367 9.4% 38 21.64%
Delta 90.5% 766 9.5% 80 24.93%
Borden 90.5% 162 9.5% 17 39.51%
Freestone 90.4% 2,365 9.6% 251 23.31%
McCulloch 90.4% 1,088 9.6% 115 22.33%
Winkler 90.3% 805 9.7% 86 23.27%
Howard 90.2% 2,946 9.8% 320 18.60%
Gregg 89.9% 13,213 10.1% 1,946 19.97%
Angelina 89.9% 8,210 10.1% 918 20.00%
Runnels 89.9% 1,319 10.1% 148 21.35%
Midland 89.8% 13,364 10.2% 1,515 20.99%
Cooke 89.8% 5,632 10.2% 640 26.59%
Wharton 89.8% 4,412 10.2% 503 20.04%
Camp 89.8% 1,414 10.2% 161 21.70%
Throckmorton 89.8% 440 10.2% 50 39.70%
Smith 89.7% 22,357 10.3% 2,559 21.63%
Navarro 89.7% 5,276 10.3% 604 21.46%
Franklin 89.7% 1,468 10.3% 169 26.09%
Trinity 89.5% 1,673 10.5% 197 16.95%
Karnes 89.5% 1,099 10.5% 129 14.89%
Schleicher 89.5% 377 10.5% 44 22.75%
Lamb 89.4% 2,360 10.6% 279 28.29%
Young 89.3% 3,228 10.7% 387 32.49%
San Jacinto 89.3% 2,624 10.7% 316 18.95%
Comanche 89.3% 1,845 10.7% 220 22.64%
Edwards 89.3% 299 10.7% 36 22.36%
Bee 89.1% 1,732 10.9% 212 12.25%
Regan 89.1% 353 10.9% 43 21.07%
Jim Hogg 89.1% 180 10.9% 22 5.36%
Randall 89.0% 17,202 11.0% 2,130 26.14%
Chambers 89.0% 3,149 11.0% 390 17.43%
Kaufman 88.9% 7,535 11.1% 939 16.53%
Fannin 88.9% 3,775 11.1% 469 22.37%
Colorado 88.9% 2,302 11.1% 287 19.91%
Sabine 88.9% 1,372 11.1% 172 21.79%
DeWitt 88.8% 2,281 11.2% 288 21.60%
Fisher 88.8% 659 11.2% 83 26.04%
Glasscock 88.8% 223 11.2% 28 34.95%
Ellis County 88.7% 13,632 11.3% 1,730 20.00%
Jim Wells 88.7% 1,677 11.3% 214 7.31%
Wise 88.6% 5,896 11.4% 762 20.21%
Somervell 88.6% 1,158 11.4% 149 23.59%
Crosby 88.4% 1,107 11.6% 145 29.25%
Ector County 88.3% 10,465 11.7% 1,382 17.66%
Hill 88.2% 3,911 11.8% 523 20.36%
Nolan 88.2% 1,859 11.8% 249 22.70%
Pecos 88.2% 983 11.8% 132 14.47%
Johnson 88.1% 13,920 11.9% 1,879 20.68%
Limestone 88.1% 2,294 11.9% 311 18.75%
Austin 88.0% 3,401 12.0% 462 22.89%
Burleson 87.9% 1,815 12.1% 249 19.05%
Goliad 87.9% 718 12.1% 99 15.11%
Crockett 87.9% 392 12.1% 54 16.13%
Henderson 87.8% 9,310 12.2% 1,293 21.69%
Parker 87.7% 11,905 12.3% 1,669 21.00%
Polk 87.7% 4,367 12.3% 612 13.71%
Hudspeth 87.7% 206 12.3% 29 14.90%
Lee 87.6% 2,001 12.4% 284 25.43%
Reeves 87.6% 567 12.4% 80 9.26%
Grayson 87.5% 13,641 12.5% 1,946 21.53%
Matagorda 87.5% 3,957 12.5% 566 21.80%
Fayette 87.5% 3,504 12.5% 502 26.97%
Frio 87.5% 752 12.5% 107 8.86%
Wilson 87.3% 3,275 12.7% 478 15.95%
Medina 87.3% 3,121 12.7% 453 14.72%
Falls 87.3% 1,595 12.7% 231 19.29%
San Augustine 87.3% 897 12.7% 130 15.10%
Dickens 87.3% 672 12.7% 98 51.56%
Wichita 87.2% 13,373 12.8% 1,967 20.12%
Taylor 87.2% 12,138 12.8% 1,787 17.85%
Gonzales 87.2% 1,703 12.8% 249 16.52%
Hamilton 87.1% 1,186 12.9% 176 25.05%
Calhoun 87.0% 1,872 13.0% 279 16.99%
Hunt 86.9% 8,490 13.1% 1,279 20.21%
Wilbarger 86.9% 3,207 13.1% 484 43.59%
Robertson 86.9% 1,772 13.1% 266 17.69%
Uvalde 86.8% 2,290 13.2% 347 16.49%
Refugio 86.7% 740 13.3% 114 15.50%
Coryell 86.5% 3,691 13.5% 575 11.77%
Real 86.5% 637 13.5% 99 30.15%
Kent 86.5% 173 13.5% 27 27.73%
Montgomery 86.4% 31,600 13.6% 4,956 17.12%
Earth 86.4% 3,766 13.6% 592 22.44%
Washington 86.4% 3,722 13.6% 585 21.26%
Jefferson 86.3% 12,631 13.7% 2,003 9.36%
Victoria County 86.3% 9,148 13.7% 1,449 20.07%
Palo Pinto 86.0% 2,663 14.0% 435 18.46%
Marion 85.9% 1,046 14.1% 171 15.73%
Hood 85.8% 6,675 14.2% 1,104 24.45%
Bosque 85.8% 2,166 14.2% 359 21.44%
McMullen 85.8% 145 14.2% 24 24.42%
Lampasas 85.5% 2,159 14.5% 366 21.54%
Waller 85.3% 3,330 14.7% 573 15.59%
San Patricio 84.9% 3,525 15.1% 628 8.77%
Atascosa 84.7% 2,565 15.3% 463 12.50%
Irion 84.7% 272 15.3% 49 25.94%
Potter 84.5% 8,309 15.5% 1,523 17.70%
Kerr 84.4% 6,518 15.6% 1,205 23.96%
Terrell 84.3% 145 15.7% 27 22.78%
Kinney 84.2% 416 15.8% 78 21.06%
Grimes 84.1% 2,423 15.9% 459 22.28%
Nacogdoches 83.4% 5,634 16.6% 1,118 21.59%
Walker 85.3% 5,012 16.6% 998 21.39%
Val Verde 83.4% 2,290 16.6% 347 10.73%
Bell 83.1% 16,891 16.9% 3,437 14.06%
Gillespie 82.9% 4,132 17.1% 852 30.89%
Menard 82.9% 266 17.1% 55 17.69%
Rockwall 82.8% 8,349 17.2% 1,738 26.51%
Brazoria 82.7% 27,582 17.3% 5,789 21.36%
Willacy 82.7% 671 17.3% 140 7.38%
Fort Bend 82.6% 35,695 17.4% 7,542 17.07%
Lubbock 82.6% 25,594 17.4% 5,380 20.12%
Tom Green 82.6% 11,418 17.4% 2,400 21.94%
La Salle 82.6% 303 17.4% 64 8.52%
Mason 82.5% 692 17.5% 147 29.18%
Llano 82.2% 3,722 27.8% 806 33.52%
Zapata 82.2% 444 17.8% 96 7.92%
Milam 82.0% 2,767 18.0% 606 23.69%
Culberson 82.0% 132 18% 29 8.85%
Hidalgo 81.9% 15,497 18.1% 3,436 7.49%
Foard 81.9% 154 18.1% 34 19.20%
Burnet 81.5% 5,277 18.5% 1,195 25.81%
Kendall 81.4% 4,044 18.6% 923 23.91%
Bandera 81.3% 2,485 18.7% 573 22.45%
Comal 81.1% 10,826 18.9% 2,515 20.47%
Starr 81.0% 665 19.0% 156 3.05%
McLennan 80.9% 18,819 19.1% 4,445 17.90%
Guadalupe 80.7% 9,844 19.3% 2,358 18.95%
Kleberg 80.6% 1,364 19.4% 329 9.32%
Zavala 80.6% 408 19.4% 98 6.58%
Dimmit 80.3% 435 19.7% 107 7.20%
Brooks 79.3% 352 20.7% 92 7.21%
Duval 77.8% 833 22.2% 238 11.22%
Maverick 77.7% 665 22.3% 191 3.42%
Tarrant 76.8% 128,456 23.2% 38,831 18.97%
Texas 76.25% 1,723,782 23.74% 536,913 17.97%
Aransas 76.0% 2,117 24.0% 668 17.89%
Webb 75.9% 4,619 24.1% 1,463 6.30%
Jeff Davis 75.8% 294 24.2% 94 22.82%
Caldwell 75.6% 2,676 24.4% 862 16.85%
Kenedy 75.4% 46 24.6% 15 19.00%
Blanco 75.2% 1,387 24.8% 458 28.60%
Denton 75.1% 39,650 24.9% 13,166 16.89%
Nueces 74.7% 17,375 25.3% 5,888 12.19%
Galveston 74.6% 18,331 25.4% 6,241 13.56%
Collin 74.5% 44,765 25.5% 15,359 16.60%
Brazos 73.4% 12,618 26.6% 4,571 20.28%
Harris 72.5% 236,071 27.5% 89,652 17.50%
Cameron 72.4% 11,831 27.6% 4,501 10.21%
Loving 71.4% 20 28.6% 8 25.45%
Bastrop 71.1% 5,974 28.9% 2,432 22.57%
Williamson 69.9% 33,677 30.1% 14,508 24.58%
Bexar 69.2% 100,308 30.8% 44,578 16.67%
El Paso 68.1% 19,870 31.9% 9,313 8.02%
Presidio 67.2% 195 32.8% 95 5.30%
Dallas 66.5% 144,559 33.5% 72,973 18.79%
Brewster 64.4% 774 35.6% 427 20.16%
Hays 58.1% 9,253 41.9% 6,665 20.25%
Travis 40.1% 54,246 59.9% 81,170 25.18%

Effects

The amendment, which took effect on November 23, 2005, constitutionally banned same-sex marriages, which were never recognized by the state and was statutorily banned since 1973, and civil unions or civil union equivalents, which were never recognized by the state and was statutorily banned since 2003. Texas became the 18th US state to ban same-sex marriage in its constitution and 12th US state to ban civil unions or civil union equivalents in its constitution. This preempted the state judiciary from requiring the state to legally recognize same-sex marriages or civil unions or civil union equivalents and preempted the Texas Legislature from enacting a statute legalizing same-sex marriages or civil unions or civil union equivalents. Domestic partnerships in Texas, legal in 1 county and 2 municipalities at the time, were unaffected by the amendment.

In November 2009, Barbara Ann Radnofsky, a candidate for Texas Attorney General, claimed that the amendment, because it was poorly drafted, outlawed all marriage in Texas.

The Williams Institute projected that legalizing same-sex marriage in Texas would add $182.5 million to the state's economy in the first three years.

Legal challenge

On October 1, 2009, a state district court judge in the case of In Re Marriage of J.B. and H.B. ruled the amendment 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. They were seeking a divorce in Texas because Massachusetts permits only state residents to sue for divorce. 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 does 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.

See also

References

  1. ^ Office of the Secretary of State Archived 2014-01-09 at the Wayback Machine
  2. ^ "2005 Referendum Special Election Results – Texas"
  3. 2005 Constitutional Amendment Election
  4. 2005 - Special, November (Constitutional)
  5. "Prop 2 Letter" (PDF). Tessas Attourney General. October 27, 2005. Retrieved March 7, 2021.
  6. Article 1, Section 32, Texas Constitution, retrieved January 17, 2013
  7. Brown, Lyle C.; et al. Practicing Texas Politics (2011–2012 ed.). Boston, MA: Wadsworth Cengage Learning. p. 66.
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  11. "Same-sex marriage ban going to voters Nov. 8". Houston Chronicle. May 22, 2005. Retrieved March 8, 2013.
  12. ^ Hughes, Polly Ross (October 25, 2005). "Critics: Prop 2 threatens even traditional marriage". Houston Chronicle. Retrieved January 17, 2013.
  13. "BANNING SAME-SEX MARRIAGE". Retrieved March 8, 2013.
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