What is the Texas Marriage Amendment?

Question: What is the Texas Marriage Amendment?

In a move to define marriage and effectively ban same-sex marriage in the State of Texas, the Texas Legislature proposed a constitutional amendment which was on the ballot as Proposition 2 on November 8, 2005.

First Comes Marriage, Then Comes Divorce? Passing overwhelmingly, Travis County was the only Texas county to vote against Prop 2. Divorce and heterosexual marriage are the next target.

Proposition 2 Roundup: Who's For and Who's Against the Texas Marriage Amendment

Answer: House Joint Resolution Number 6, also known as the "Texas Marriage Amendment," is a proposed constitutional amendment defining marriage as being only between one man and one woman. The text of the resolution which passed the Texas House and Senate in early 2005 is as follows:

H.J.R. No. 6

A JOINT RESOLUTION proposing a constitutional amendment providing that marriage in this state consists only of the union of one man and one woman.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article I, Texas Constitution, is amended by adding Section 32 to read as follows:

Sec. 32. (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.

SECTION 2. 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.

SECTION 3. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 8, 2005. The ballot shall be printed to permit voting for or against the proposition: "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."

H.J.R. No. 6 was passed by the House on April 25, 2005, by the following vote: Yeas 101, Nays 29, 8 present, not voting.

H.J.R. No. 6 was passed by the Senate on May 21, 2005, by the following vote: Yeas 21, Nays 8.

Proposition 2 passed by Texas voters on November 8, 2005 by approximately 76% Yes, 24% No.

What's Next After Proposition 2? Divorce and heterosexual marriage.

Proposition 2 Roundup: Who's For and Who's Against the Texas Marriage Amendment