Texas proposition 2 (2005)
Encyclopedia
Texas Proposition 2 of 2005 created an amendment that limits marriage to opposite-sex relationships and prohibits alternative legal arrangements of a similar nature. The bill intended to amend the Texas Constitution
to make it unconstitutional for the state to recognize or perform same-sex marriage
s, plural marriages, or civil union
s. The referendum was approved by 76% of the voters, with Travis County, Texas
(which contains Austin, Texas
) the only county opposing the amendment.
The text of the amendment states:
Shortly before the election, a minister in Austin, Texas
, opposed the amendment on technical grounds. According to the minister, the wording of subsection (b) could actually be used to outlaw marriage itself. Proponents claimed that such reasoning was simply a "smokescreen" to confuse voters on the issue.
In November 2009, Barbara Ann Radnofsky
, a candidate for Texas attorney general, echoed the assertion that, since marriage is by definition identical to itself, the amendment outlaws all marriage in Texas.
in Dallas, Texas
, hoping to get the decision overturned. On August 31, 2010 The Court reversed the ruling on the grounds that the Texas constitutional ban on same-sex marriage does not violate the Equal Protection Clause
of the Fourteenth Amendment. The court further ruled that district courts in Texas do not have subject-matter jurisdiction
to hear a same-sex divorce case. The case is known as In Re Marriage of J.B. and H.B.
Same-sex marriages are still illegal in Texas. AP
Texas Constitution
The Constitution of the State of Texas is the document that describes the structure and function of the government of the U.S. State of Texas.Texas has had seven constitutions: the constitution of Coahuila y Tejas, the 1836 Constitution of the Republic of Texas, the state constitutions of 1845,...
to make it unconstitutional for the state to recognize or perform same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
s, plural marriages, or civil union
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
s. The referendum was approved by 76% of the voters, with Travis County, Texas
Travis County, Texas
As of 2009, the U.S. census estimates there were 1,026,158 people, 320,766 households, and 183,798 families residing in the county. The population density was 821 people per square mile . There were 335,881 housing units at an average density of 340 per square mile...
(which contains Austin, Texas
Austin, Texas
Austin is the capital city of the U.S. state of :Texas and the seat of Travis County. Located in Central Texas on the eastern edge of the American Southwest, it is the fourth-largest city in Texas and the 14th most populous city in the United States. It was the third-fastest-growing large city in...
) the only county opposing the amendment.
The text of the amendment 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.
Shortly before the election, a minister in Austin, Texas
Austin, Texas
Austin is the capital city of the U.S. state of :Texas and the seat of Travis County. Located in Central Texas on the eastern edge of the American Southwest, it is the fourth-largest city in Texas and the 14th most populous city in the United States. It was the third-fastest-growing large city in...
, opposed the amendment on technical grounds. According to the minister, the wording of subsection (b) could actually be used to outlaw marriage itself. Proponents claimed that such reasoning was simply a "smokescreen" to confuse voters on the issue.
In November 2009, Barbara Ann Radnofsky
Barbara Ann Radnofsky
Barbara Ann Radnofsky is a Democratic politician from the U.S. state of Texas. She is the first woman to have won the Democratic nomination for a U.S. Senate seat in Texas.-Early life and career:...
, a candidate for Texas attorney general, echoed the assertion that, since marriage is by definition identical to itself, the amendment outlaws all marriage in Texas.
2009 Divorce Challenge
The status of the amendment was struck down in a lower court ruling on October 1, 2009, by Dallas District Judge Tena Callahan on the grounds that it denies same-sex couples equal treatment under the 14th Amendment to the U.S. Constitution. The lawsuit was filed by a same-sex couple living in Dallas who had married in Massachusetts in 2006 and were seeking to get a divorce in Texas, because Massachusetts only permits state residents to sue for divorce. Dallas attorney Peter Schulte also claimed the protection of Article IV of the U. S. Constitution, which gives "full faith and credit" by all states to acts validly performed in one. Texas Attorney General Greg Abbott and Governor Rick Perry appealed to the Fifth Court of AppealsTexas Courts of Appeals
The Texas Courts of Appeals are part of the Texas judicial system. In Texas, all cases appealed from the district level, both criminal and civil, may be heard by one of the fourteen Texas Courts of Appeals. The exception is for cases where the death penalty is a factor; these cases go directly to...
in Dallas, Texas
Dallas, Texas
Dallas is the third-largest city in Texas and the ninth-largest in the United States. The Dallas-Fort Worth Metroplex is the largest metropolitan area in the South and fourth-largest metropolitan area in the United States...
, hoping to get the decision overturned. On August 31, 2010 The Court reversed the ruling on the grounds that the Texas constitutional ban on same-sex marriage does not violate the Equal Protection Clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
of the Fourteenth Amendment. The court further ruled that district courts in Texas do not have subject-matter jurisdiction
Subject-matter jurisdiction
Subject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court only has the authority to hear bankruptcy cases....
to hear a same-sex divorce case. The case is known as In Re Marriage of J.B. and H.B.
In Re Marriage of J.B. and H.B.
In the Matter of the Marriage of J.B. and H.B., 326 S.W.3d 654 is a Texas 5th Circuit Court of Appeal decision holding that Texas family courts lack jursidiction to hear divorce cases from same-sex couples married in foreign jurisdictions, and that Texas's Proposition 2 is consistent with the due...
Same-sex marriages are still illegal in Texas. AP