2005 Texas Proposition 2

Referendum to ban same-sex marriage February 2026 September 2023 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." 1,723,782 536,913 2,260,695 12,577,545 2005 Texas Proposition 2 results map by county.svg County results Yes #2B2457 90–100% 1px #AAAAAA solid #28497C 80–90% 1px #AAAAAA solid #47729E 70–80% 1px #AAAAAA solid #7D9CBB 60–70% 1px #AAAAAA solid #B6C8D9 50–60% 1px #AAAAAA solid No #DEDEBD 50–60% 1px #AAAAAA solid Texas November 8, 2005Early voting began on October 24.October 23, 2005 Early voting begins on gay marriage ban, other amendments https://www.newspapers.com/article/the-beaumont-enterprise-early-voting-beg/201431539/ July 11, 2026 The Beaumont Enterprise Newspapers.com Associated Press 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. The constitutionality of Proposition 2 was challenged in court two times in the cases of In re Marriage of J.B. and H.B and De Leon v. Perry; however, same-sex marriage did not become legal in Texas until the United States Supreme Court's June 2015 decision in Obergefell v. Hodges, finding all bans on same-sex marriage to be in violation of two clauses of the Fourteenth Amendment. Background Same-sex marriage in Texas 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.McGaughy Lauren November 29, 2014 Tough journey for pioneering same-sex couple https://www.expressnews.com/news/local/article/Tough-journey-for-pioneering-same-sex-couple-5924815.php March 9, 2026 San Antonio Express-News 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. 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.May 28, 2003 Texas governor signs defense of marriage act https://www.advocate.com/news/2003/05/28/texas-governor-signs-defense-marriage-act-8770 March 9, 2026 The Advocate (magazine) Governor Rick Perry signed the bill on May 28 of that year, and it went into effect on September 1.Sec. 6.204. Recognition of same-sex marriage or civil union https://statutes.capitol.texas.gov/?tab=1&code=FA&chapter=FA.6&artSec=6.204 March 9, 2026 Texas Constitution and Statutes Legislative approval Debate and proposed changes to HJR 6 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. However, an amendment to the original resolution, to ban such contracts, was passed by the Texas House 98–41. This amendment to include a ban on civil unions was also authored by Chisum. 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.Fifty-Fifth Day — Monday, April 25, 2005 https://journals.house.texas.gov/hjrnl/79r/pdf/79rday55final.pdf March 9, 2026 Texas House of Representatives 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".Saturday, May 21, 2005 https://journals.senate.texas.gov/sjrnl/79r/pdf/sj05-21-f.pdf March 9, 2026 Texas.gov The latter two were withdrawn before a vote could occur. Provisions of HJR 6 Within HJR 6 were three sections:H.J.R. No. 6 https://capitol.texas.gov/tlodocs/79R/billtext/pdf/HJ00006F.pdf July 11, 2026 Texas Legislature Online Section 1, which defined marriage and prohibited civil unions; Section 2, which was not a part of the constitutional amendment, but rather a clause that clarified some of the amendment's intents; and Section 3, which provided the date in which the proposition would be decided as well as the ballot title. Section 2, the non-amendatory provision, stated the following: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. House and Senate approval right 3 350px Vote of the Texas House of Representatives 294px Vote of the Texas Senate #3868d1 Democrat yea #78acff Democrat nay #ccd3ff Democrat abstain/no vote #c53030 Republican yea #ffcccc Republican abstain/no voteTexas Senate Democrats hoped that there would not be enough votes for the proposition to be put up for debate in the Senate; however, the 21-vote requirement was reached after three DemocratsKen Armbrister, Eddie Lucio Jr., and Frank L. Madla. voted to bring it up. The amended resolution was approved by the House 101–29 on April 25, 2005,Ban on gay marriage heads to Texas Senate http://www.chron.com/news/article/Ban-on-gay-marriage-heads-to-Texas-Senate-1925344.php March 8, 2013 Houston Chronicle April 26, 2005 and by the Texas Senate 21–8 on May 21, 2005,Same-sex marriage ban going to voters Nov. 8 http://www.chron.com/news/article/Same-sex-marriage-ban-going-to-voters-Nov-8-1931699.php March 8, 2013 Houston Chronicle May 22, 2005 after over two hours of debate. 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.https://statutes.capitol.texas.gov/Docs/CN/htm/CN.17.htm#:~:text=Sec.,%3B%20SUBMISSION%20TO%20VOTERS%3B%20ADOPTION.&text=The%20Legislature%20shall%20fix%20the,for%20advertising%20per%20column%20inch. The Texas Constitution March 7, 2021 On June 5, Governor Rick Perry signed HJR 6 at a ceremony, though his signature was symbolic because the measure still needed approval by voters.June 6, 2005 Perry signs bill on abortion rules https://www.newspapers.com/article/the-odessa-american-governor-rick-perry/201356769/ July 10, 2026 Odessa American Newspapers.com Associated Press Campaign and endorsements Both supporters and opponents of the measure worked to generate interest in the amendment. Support Arguments from those in support of the amendment included that it was necessary to protect the traditional institution of heterosexual marriage, and that Texans should decide how marriage is defined, rather than judges. Yes ;State officials Rick Perry, governor of Texas (2000–2015) (#FFE6E6 Republican) Greg Abbott, attorney general of Texas (2002–2015) (#FFE6E6 Republican)Chapa Rebeca November 9, 2005 Texans say they want to ban gay marriage https://www.newspapers.com/image/1282389988/ March 9, 2026 San Antonio Express-News Newspapers.com State legislators Warren Chisum, state representative from the 88th district (1989–2013) (#FFE6E6 Republican)Robison Clay November 6, 2005 Ku Klux Klan backs Proposition 2 https://www.newspapers.com/image/433146030/ March 9, 2026 The Victoria Advocate Newspapers.com Todd Staples, state senator from the 3rd district (2001–2007) (#FFE6E6 Republican)Vertuno Jim May 22, 2005 Senate sends ban to Texas voters https://www.newspapers.com/article/times-record-news-senate-sends-ban-to-te/201459745/ July 11, 2026 Times Record News Newspapers.com Associated Press Party officials Tina Benkiser, chairman of the Republican Party of Texas (2003–2009) (#FFE6E6 Republican)November 10, 2005 Ban on Gay Marriage Passes Overwhelmingly https://www.newspapers.com/image/594042003/ March 9, 2026 Tyler Morning Telegraph Newspapers.com Associated Press Organizations Ku Klux Klanhttps://www.keranews.org/archive/2005-11-08/proposition-2-the-main-draw-in-this-years-statewide-election Proposition 2 the main draw in this year's statewide election November 8, 2005 KERA News July 22, 2026 Opposition Arguments from those in opposition to the amendment included that it did not allow for the possibility of civil unions, that same-sex marriage was already banned by state statute, making it unnecessary to ban constitutionally, and that federal law already allowed for Texas to not recognize same-sex marriages performed in foreign jurisdictions. No ;Organizations National Gay and Lesbian Task ForceBlumenthal Ralph In Texas, Marriage Is on Ballot https://www.nytimes.com/2005/10/13/us/in-texas-marriage-is-on-ballot.html The New York Times 15 March 2026 13 October 2005 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. Newspapers Austin American-StatesmanNovember 5, 2005 Recap of Endorsements https://www.newspapers.com/image/357182134/ March 9, 2026 Austin American-Statesman Newspapers.com Corpus Christi Caller-TimesNovember 4, 2005 Voters should approve 8 of 9 amendments https://www.newspapers.com/image/813455787/ March 9, 2026 Corpus Christi Caller-Times Newspapers.com El Paso TimesNovember 8, 2005 Vote today https://www.newspapers.com/image/432307036/ March 9, 2026 El Paso Times Newspapers.com San Angelo Standard-TimesNovember 7, 2005 Board recaps its election positions https://www.newspapers.com/image/791272081/ March 9, 2026 San Angelo Standard-Times Newspapers.com The Bryan-College Station EagleNovember 7, 2005 Recapping Eagle recommendations https://www.newspapers.com/image/1005065911/ March 9, 2026 The Bryan-College Station Eagle Newspapers.com The Marshall News MessengerNovember 8, 2005 Our view https://www.newspapers.com/image/335103927/ March 15, 2026 The Marshall News Messenger Newspapers.com The Victoria AdvocateNovember 8, 2005 Vote today https://www.newspapers.com/image/433146677/ March 9, 2005 The Victoria Advocate Newspapers.com Waco Tribune-HeraldNovember 6, 2005 Statewide impact https://www.newspapers.com/image/981309817/ March 9, 2026 Waco Tribune-Herald Newspapers.com Contents and amendment Ballot wording The amendment, which was decided by voters alongside the 2005 Texas constitutional amendment election on November 8, 2005, had the following information given to voters for it:November 8, 2005 2005 Texas constitutional amendments sample ballot https://www.newspapers.com/article/corpus-christi-caller-times-2005-texas-c/200237291/ June 24, 2026 Corpus Christi Caller-Times Newspapers.comPROPOSITION 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:The Texas Constitution Article 1 https://statutes.capitol.texas.gov/?tab=2&code=CN&chapter=CN.1&artSec=1.32 March 26, 2026 Texas Constitution and Statutes(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 thumb|300px|Results of Proposition 2 by county, displayed as a treemap in which each rectangle's area is proportional to the number of votes cast on the proposition in that county. thumb|300x300px|Results of Proposition 2 in Travis County, the only county to oppose the amendment, shown by its state house districts.November 18, 2005 Election Breakdown https://www.austinchronicle.com/wp-content/uploads/2025/09/chronicle-69.pdf live https://web.archive.org/web/20260711034010/https://www.austinchronicle.com/wp-content/uploads/2025/09/chronicle-69.pdf July 11, 2026 July 11, 2026 The Austin Chronicle 20 #B6C8D9 Yes #B6C8D9 50–60% #DEDEBD No #5D5D2D 80–90% #BCBC83 60–70% #DEDEBD 50–60% Proposition 2 passed by a vote of more than three-to-one.2005 Constitutional Amendment Election Prop. 2 Same sex marriage denied legal status https://elections.sos.state.tx.us/elchist117_race3212.htm March 9, 2026 Texas Secretary of State With a voter turnout of ~18%, higher than the ~16% predicted by Secretary of State Roger Williams,November 10, 2005 Texas' voter turnout reaches 18 percent https://www.newspapers.com/article/the-marshall-news-messenger-2005-texas-c/200954896/ July 5, 2026 The Marshall News Messenger Newspapers.com Associated Press this was the highest participation in a Texas constitutional amendment election since 1991.Bendery Jennifer November 9, 2005 State officials react to election results; GOP lauds landslide passage of Prop 2 https://www.keranews.org/archive/2005-11-09/state-officials-react-to-election-results-gop-lauds-landslide-passage-of-prop-2 March 9, 2026 KERA News GalleryWatch.com Of Texas's 254 counties, 253 of the 254 voted in favor of Proposition 2. Travis County, which includes Austin,Shannon Kelley November 9, 2005 Texas from 1A https://www.newspapers.com/image/813474984/ March 9, 2026 Corpus Christi Caller-Times Newspapers.com Associated Press was the only county to oppose the amendment, with slightly under 60% of voters opposing it. The highest level of support for the amendment came from Martin County, with 95.41% of votes cast in favor. +Results by countyCountyYesNoTotal votesTurnoutNo. Number of votes receivedPct. Percentage of votes receivedNo. Number of votes receivedPct. Percentage of votes receivedAnderson6,13790.566409.446,77723.93%Andrews1,61792.031407.971,75721.89%Angelina8,21089.9491810.069,12820.01%Aransas2,11776.0166823.992,78517.89%Archer1,52291.911348.091,65626.00%Armstrong46293.15346.8549633.11%Atascosa2,56584.7146315.293,02812.50%Austin3,40188.0446211.963,86322.90%Bailey81292.06707.9488221.26%Bandera2,48581.2657318.743,05822.45%Bastrop5,97471.072,43228.938,40622.57%Baylor58092.36487.6462822.21%Bee1,73289.0921210.911,94412.25%Bell16,89183.093,43716.9120,32814.07%Bexar100,30869.2344,57830.77144,88616.67%Blanco1,38775.1845824.821,84528.60%Borden16290.50179.5017939.51%Bosque2,16685.7835914.222,52521.45%Bowie8,65191.548008.469,45117.05%Brazoria27,58282.655,78917.3533,37121.36%Brazos12,61873.414,57126.5917,18920.28%Brewster77464.4542735.551,20120.16%Briscoe47193.82316.1850239.94%Brooks35279.289220.724447.22%Brown5,41392.074667.935,87924.28%Burleson1,81587.9424912.062,06419.05%Burnet5,27781.541,19518.466,47225.81%Caldwell2,67675.6486224.363,53816.85%Calhoun1,87287.0327912.972,15116.99%Callahan1,78292.811387.191,92021.46%Cameron11,83172.444,50127.5616,33210.22%Camp1,41489.7816110.221,57521.71%Carson1,27892.211087.791,38629.62%Cass4,48893.483136.524,80126.42%Castro93891.16918.841,02922.60%Chambers3,14988.9839011.023,53917.43%Cherokee5,32990.785419.225,87021.00%Childress90294.65515.3595325.53%Clay1,94291.651778.352,11927.66%Cochran44190.74459.2648624.28%Coke50691.01508.9955622.32%Coleman1,22491.961078.041,33121.23%Collin44,76574.4515,35925.5560,12416.61%Collingsworth56393.52396.4860226.02%Colorado2,30288.9128711.092,58919.91%Comal10,82681.152,51518.8513,34120.47%Comanche1,84589.3522010.652,06522.64%Concho36790.62389.3840521.65%Cooke5,63289.8064010.206,27226.60%Coryell3,69186.5257513.484,26611.77%Cottle23091.27228.7325219.00%Crane50191.09498.9155021.91%Crockett39287.895412.1144616.14%Crosby1,10788.4214511.581,25229.26%Culberson13281.992918.011618.86%Dallam61594.33375.6765220.32%Dallas144,55966.4572,97333.55217,53218.79%Dawson1,48291.651358.351,61719.12%Deaf Smith1,66493.221216.781,78518.64%Delta76690.54809.4684624.93%Denton39,65075.0713,16624.9352,81616.89%DeWitt2,28188.7928811.212,56921.60%Dickens67487.319812.6977251.57%Dimmit43580.2610719.745427.20%Donley68991.02688.9875729.43%Duval83377.7823822.221,07111.23%Eastland2,38692.301997.702,58525.19%Ector10,46588.331,38211.6711,84717.67%Edwards29989.253610.7533522.36%Ellis13,63288.741,73011.2615,36220.00%El Paso19,87068.099,31331.9129,1838.03%Erath3,76686.4259213.584,35822.45%Falls1,59587.3523112.651,82619.30%Fannin3,77588.9546911.054,24422.37%Fayette3,50487.4750212.534,00626.97%Fisher65988.818311.1974226.04%Floyd1,13495.37554.631,18927.12%Foard15481.913418.0918819.20%Fort Bend35,69582.567,54217.4443,23717.07%Franklin1,46889.6816910.321,63726.10%Freestone2,36590.412519.592,61623.32%Frio75287.5410712.468598.87%Gaines1,66393.851096.151,77225.43%Galveston18,33174.606,24125.4024,57213.57%Garza64694.86355.1468123.65%Gillespie4,13282.9185217.094,98430.90%Glasscock22388.842811.1625134.96%Goliad71887.889912.1281715.11%Gonzales1,70387.2424912.761,95216.52%Gray4,09991.543798.464,47830.76%Grayson13,64187.521,94612.4815,58721.54%Gregg13,21389.931,48010.0714,69319.98%Grimes2,42384.0745915.932,88222.29%Guadalupe9,84480.682,35819.3212,20218.95%Hale3,56892.272997.733,86718.91%Hall49091.59458.4153524.29%Hamilton1,18687.0817612.921,36225.06%Hansford90495.06474.9495129.70%Hardeman54590.68569.3260120.29%Hardin5,12193.743426.265,46316.60%Harris236,07172.4889,65227.52325,72317.51%Harrison6,71791.036628.977,37917.69%Hartley81094.30495.7085929.97%Haskell91392.04797.9699224.42%Hays9,25358.136,66541.8715,91820.26%Hemphill59391.65548.3564728.59%Henderson9,31087.811,29312.1910,60321.70%Hidalgo15,49781.853,43618.1518,9337.50%Hill3,91188.2052311.804,43420.37%Hockley2,66391.892358.112,89821.15%Hood6,67585.811,10414.197,77924.45%Hopkins3,94790.863979.144,34421.11%Houston2,71791.332588.672,97519.77%Howard2,94690.203209.803,26618.60%Hudspeth20687.662912.3423514.90%Hunt8,49086.911,27913.099,76920.21%Hutchinson3,71493.182726.823,98624.93%Irion27284.744915.2632125.95%Jack1,07591.181048.821,17924.11%Jackson1,94690.552039.452,14923.06%Jasper3,69093.472586.533,94819.12%Jeff Davis29475.779424.2338822.82%Jefferson12,63186.312,00313.6914,6349.37%Jim Hogg18089.112210.892025.37%Jim Wells1,67788.6821411.321,8917.31%Johnson13,92088.111,87911.8915,79920.68%Jones1,92790.552019.452,12820.88%Karnes1,09989.5012910.501,22814.89%Kaufman7,53588.9293911.088,47416.53%Kendall4,04481.4292318.584,96723.92%Kenedy4675.411524.596119.00%Kent17386.502713.5020027.74%Kerr6,51884.401,20515.607,72323.97%Kimble66891.51628.4973025.69%King10993.1686.8411754.17%Kinney41684.217815.7949421.07%Kleberg1,36480.5732919.431,6939.32%Knox56392.14487.8661124.16%Lamar6,13491.725548.286,68823.03%Lamb2,36089.4327910.572,63928.30%Lampasas2,15985.5036614.502,52521.55%La Salle30382.566417.443678.52%Lavaca2,52792.162157.842,74219.94%Lee2,00187.5728412.432,28525.43%Leon2,31890.872339.132,55123.00%Liberty5,47791.375178.635,99413.64%Limestone2,29488.0631111.942,60518.75%Lipscomb60294.06385.9464033.49%Live Oak1,03391.50968.501,12915.25%Llano3,72282.2080617.804,52833.52%Loving2071.43828.572825.45%Lubbock25,59482.635,38017.3730,97420.12%Lynn75893.35546.6581219.67%Madison1,31491.891168.111,43021.11%Marion1,04685.9517114.051,21715.74%Martin64495.41314.5967523.45%Mason69282.4814717.5283929.18%Matagorda3,95787.4956612.514,52321.80%Maverick66577.6919122.318563.42%McCulloch1,08890.441159.561,20322.34%McLennan18,81980.894,44519.1123,26417.91%McMullen14585.802414.2016924.42%Medina3,12187.3345312.673,57414.72%Menard26682.875517.1332117.70%Midland13,36489.821,51510.1814,87921.00%Milam2,76782.0360617.973,37323.69%Mills80591.27778.7388226.97%Mitchell83491.25808.7591417.61%Montague2,65590.652749.352,92922.84%Montgomery31,60086.444,95613.5636,55617.13%Moore2,27193.191666.812,43725.23%Morris1,75591.071728.931,92722.12%Motley32794.51195.4934638.06%Nacogdoches5,63483.441,11816.566,75221.60%Navarro5,27689.7360410.275,88021.46%Newton1,55293.491086.511,66017.96%Nolan1,85988.1924911.812,10822.70%Nueces17,37574.695,88825.3123,26312.19%Ochiltree1,37295.08714.921,44329.35%Oldham37592.59307.4140528.07%Orange5,69992.294767.716,17511.80%Palo Pinto2,66385.9643514.043,09818.47%Panola3,42993.612346.393,66323.60%Parker11,90587.701,66912.3013,57421.01%Parmer1,14195.08594.921,20024.47%Pecos98388.1613211.841,11514.47%Polk4,36787.7161212.294,97913.72%Potter8,30984.511,52315.499,83217.71%Presidio19567.249532.762905.31%Rains1,42190.971419.031,56224.44%Randall17,20288.982,13011.0219,33226.14%Reagan35389.144310.8639621.08%Real63786.559913.4573630.15%Red River1,52092.571227.431,64220.05%Reeves56787.648012.366479.27%Refugio74086.6511413.3585415.51%Roberts23692.55197.4525536.64%Robertson1,77286.9526613.052,03817.70%Rockwall8,34982.771,73817.2310,08726.51%Runnels1,31989.9114810.091,46721.36%Rusk6,26992.355197.656,78822.35%Sabine1,37288.8617211.141,54421.80%San Augustine89787.3413012.661,02715.11%San Jacinto2,62489.2531610.752,94018.96%San Patricio3,52584.8862815.124,1538.78%San Saba97792.00858.001,06229.14%Schleicher37789.554410.4542122.76%Scurry1,95592.481597.522,11419.64%Shackelford50692.84397.1654521.87%Shelby2,94292.782297.223,17121.85%Sherman44993.15336.8548234.35%Smith22,35789.732,55910.2724,91621.63%Somervell1,15888.6014911.401,30723.60%Starr66581.0015619.008213.05%Stephens1,08590.791109.211,19521.18%Sterling19391.90178.1021024.42%Stonewall34092.90267.1036630.76%Sutton40991.70378.3044617.27%Swisher99191.76898.241,08023.65%Tarrant128,45676.7938,83123.21167,28718.98%Taylor12,13887.171,78712.8313,92517.86%Terrell14584.302715.7017222.78%Terry1,38192.191177.811,49820.02%Throckmorton44089.805010.2049039.71%Titus2,91990.742989.263,21721.35%Tom Green11,41882.632,40017.3713,81821.95%Travis54,24640.0681,17059.94135,41625.18%Trinity1,67389.4719710.531,87016.96%Tyler2,33292.801817.202,51318.72%Upshur5,19491.594778.415,67123.85%Upton38890.65409.3542821.24%Uvalde2,29086.8434713.162,63716.50%Val Verde2,27683.4345216.572,72810.74%Van Zandt7,18991.566638.447,85224.88%Victoria9,14886.331,44913.6710,59720.08%Walker5,01283.3999816.616,01021.40%Waller3,33085.3257314.683,90315.60%Ward1,28292.161097.841,39121.69%Washington3,72286.4258513.584,30721.26%Webb4,61975.951,46324.056,0826.30%Wharton4,41289.7750310.234,91520.05%Wheeler1,05793.87696.131,12629.19%Wichita13,37387.181,96712.8215,34020.12%Wilbarger3,20786.8948413.113,69143.59%Willacy67182.7414017.268117.39%Williamson33,67769.8914,50830.1148,18524.58%Wilson3,27587.2647812.743,75315.95%Winkler80590.35869.6589123.28%Wise5,89688.5676211.446,65820.21%Wood6,23190.956209.056,85128.67%Yoakum91993.39656.6198422.92%Young3,22889.2938710.713,61532.50%Zapata44482.229617.785407.92%Zavala40880.639819.375066.58%Total1,723,78276.25536,91323.752,260,69517.97% Analysis thumb|300x300px|Percentage of Texas voters who cast a vote on Proposition 2 by county. #006d2cff Turnout percentage #41ab5dff 50–60% #74c476ff 40–50% #a1d99bff 30–40% #c7e9c0ff 20–30% #e5f5e0ff 10–20% #f7fcf5ff 0–10% State comparison Texas became the nineteenth state to adopt a state-level constitutional ban on same-sex marriage,Botelho Greg Mears Bill February 2014 Texas ban on same-sex marriage struck down by federal judge https://www.cnn.com/2014/02/26/politics/texas-same-sex March 9, 2026 CNN and the second state to ban it in 2005, after Kansas in April.November 7, 2005 Texans Handily Pass Gay Marriage Ban https://stateline.org/2005/11/07/texans-handily-pass-gay-marriage-ban/ July 4, 2026 Stateline Rural counties The only "truly rural counties with no spillover from nearby cities," as the Austin Chronicle put it, to be among the counties with the lowest levels of support for the proposition, were Brewster and Presidio. The Chronicle assumed that these counties, located in West Texas, had their votes "affected by liberal nature lovers attracted to Big Bend" as well as by "the art community that has developed in Marfa." Racial analysis Although African Americans and Hispanics typically vote Democratic in Texas,Hughes Polly Ross Ratcliffe R.G. November 10, 2005 Minorities embraced gay marriage ban https://www.newspapers.com/article/san-antonio-express-news-minorities-embr/200943487/ July 4, 2026 San Antonio Express-News Newspapers.com they heavily backed the amendment. 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. Stein stated that the success from Black voters was "explained by heavy black turnout by African American women who go to church." Court challenges From the time the proposition was passed, until the Obergefell decision was handed down, two lawsuits were filed against the amendment.The Freedom to Marry in Texas https://www.freedomtomarry.org/states/texas July 11, 2026 Freedom to Marry In re Marriage of J.B. and H.B. 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 to 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. Appleton Roy Dallas judge's ruling saying gay couple could divorce in Texas rejected on appeal Dallas Morning News August 31, 2010 http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/090110dnmetgaydivorce.aa8079fa.html August 31, 2010 https://web.archive.org/web/20101003115040/http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/090110dnmetgaydivorce.aa8079fa.html October 3, 2010 dead De Leon v. Perry On February 26, 2014, in the case of De Leon v. Perry, Federal Judge Orlando Garcia ruled Texas' same-sex marriage bans to be unconstitutional, though he stayed his ruling after anticipating it would be appealed.Ura Alexa Jan 9, 2015 Appeals Judges Raise Doubts on Gay Marriage Ban https://www.texastribune.org/2015/01/09/appeals-judges-appear-skeptical-texas-gay-marriage/ March 9, 2026 The Texas Tribune A three-judge panel of the 5th Circuit Court of Appeals held a hearing on the matter nearly a year later.Ura Alexa July 1, 2015 Texas Concedes Legal Challenge to Same-Sex Marriage Ban https://www.texastribune.org/2015/07/01/texas-concedes-legal-challenge-ban-gay-marriage/ March 9, 2026 The Texas Tribune 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.Obergefell v. Hodges https://www.oyez.org/cases/2014/14-556 March 7, 2026 Oyez 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. See also LGBTQ rights in Texas LGBTQ history in Texas Notes References Category:2005 in LGBTQ history Category:LGBTQ in Texas Category:2005 in state law (United States) Category:U.S. state constitutional amendments banning same-sex unions proposition 2 Category:2005 ballot measures in the United States Category:Texas ballot measures Category:Same-sex marriage ballot measures in the United States Category:Marriage in Texas