DALLAS (ABP) — Texas voters overwhelmingly approved a constitutional amendment Nov. 8 defining marriage as the union of one man and one woman.
By a two-to-one margin, voters approved Proposition 2, which bolstered the state's ban on same-sex marriage by writing it into the constitution and prohibited Texas from “creating or recognizing any legal status identical or similar to marriage.”
Proponents maintained the constitutional amendment was needed to prevent homosexual couples who marry in another state and move to Texas from challenging the existing law. Opponents insisted the language was too broad and could be used to invalidate agreements between gay partners regarding medical treatment and other personal matters.
“Although the amendment was not required to protect the historic definition of marriage, obviously Texas voters wanted to send a strong signal that they do not want anyone tampering with the makeup of marriage,” said Charles Wade, executive director of the Baptist General Convention of Texas.
“Baptist people believe the Bible and they want to do two things at the same time — love everyone, including those with whom they disagree, and defend the meaning of marriage as portrayed in the New Testament.”
The vote accomplished little, said Kathy Miller, president of the Texas Freedom Network, a civil-liberties group that opposed the constitutional amendment.
“This election really doesn't change much. Gay and lesbian Texans couldn't marry before Tuesday; they still can't marry. And not a single Texas family is better off,” she said. “The governor spent a lot of time and energy working to pass what was really an unnecessary and divisive amendment. It would be a good thing if he and our legislators finally focused as much on the issues working families care about, like strong public schools and health care for poor kids.”
But conservative activist Kelly Shackelford insisted the election results sent an important message from Texas to national lawmakers.
“Texans from every race and background spoke loudly that they want marriage to be between one man and one woman. They believe that children deserve mom and dad, and they don't want that tinkered with,” he said.
Shackelford, president of the Free Market Foundation and chief counsel for the Liberty Legal Institute, helped Rep. Warren Chisum, R-Pampa, draft the amendment.
“This is a loud message from Texas to Congress, following the 13 states from last year. As a politician, you stand against marriage amendments to your own peril,” Shackelford said. “A common saying around here is ‘Don't mess with Texas.' Well, Texans have spoken and said, 'Don't mess with marriage.'”
With the vote, Texas becomes the 18th state to amend its charter to ban same-sex marriage. Several other states have statutes banning the practice, as Texas already had. However, Texas' ban is one of the most restrictive, since it outlaws all legal arrangements — such private contracts between same-sex partners on issues like hospital visitation and inheritance — that attempt to approximate rights that married couples enjoy.
Many of the state marriage amendments have been approved in the past two years, as a reaction to a 2003 decision by the Massachusetts Supreme Judicial Court to legalize gay marriage in that state. Massachusetts remains the only U.S. jurisdiction in which same-sex marriage is legal.