Proposition 2 prevents state judges from overturning existing laws prohibiting gay marriage. The amendment protects “The Defense of Marriage Act” passed in 2003 and prohibits state recognition of any same-sex union.

Opponents argue the amendment will incapacitate rights already established for homosexuals. They argue that with the passage of Proposition 2, any contract among gay couples may be considered void. Without legal rights to partnership, many fear benefits and health care will be denied to gay partners.

Proposition 2 defines marriage in Texas solely between a man and a woman and dictates local and state governments “may not create or recognize any legal status identical or similar to marriage.”

However, legal experts cite the language of Proposition 2 as problematic. Andrew Koppelman, professor of law and political science at Northwestern University, said Proposition 2 is vague. He said, “This sentence will certainly generate litigation. Its drafting is a catastrophe. It’s not even grammatical … and its meaning and coverage are extraordinarily obscure.”

He said the amendment “might prohibit all domestic partnerships. It might prohibit no domestic partnerships – it’s impossible to tell.”

The anti-Proposition 2 group, Save Texas Marriage, argues that the proposition annuls all marriage. The group uses automated phone calls to inform registered voters that the ballots flawed language.

While there is disagreement on the effects the proposition’s language, some of the proposition’s supporters, such as Brian McAuliffe, chairman of the Austin Town Hall Conservatives, believe the issue is quite clear. McAuliffe opposes gay marriages and supports Proposition 2, despite any potential flaws.


”We believe gay marriage is dangerous,” he said. “If marriage is legitimized for gays, then we would have to recognize them in every aspect of life. They pretty much try to recruit people.”


McAuliffe said he was concerned about low voter turnout during an off-year election, but said 80 to 90 percent of Texans believe in traditional marriage defined as between a man and a woman, according to the group’s surveys.

Election day is Nov. 8.