Texas Proposition 2 (2005)

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.

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.

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.

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.

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