Proposition 2 was a referendum for a state constitutional amendment placed on the ballot by the Texas legislature and approved by the voters at the November 8, 2005 general election.

(b) This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.The joint resolution proposing the amendment included additional language about rights that the ban on same-sex marriage was not meant to restrict:[7][8] 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.As provided in Article 17, Section 1 of the Texas Constitution,[9] a proposed constitutional amendment is placed on the ballot only after the Texas legislature has proposed the amendment in a joint resolution of both the Texas senate and the Texas house of representatives.

On April 25, 2005, the house voted 101 in favor and 29 against the proposed amendment to ban same-sex marriage and civil unions, authored by Warren Chisum.

The Texas Governor Rick Perry said at the time of the voting said, "Like the vast majority of Texans, I believe that marriage represents a sacred union between a man and a woman."

Although his signature was irrelevant legally, Governor Rick Perry held a signing ceremony at an evangelical church in Fort Worth.

[14] Shortly before the election, a Presbyterian minister in Austin, Tom Hegar, argued that "a liberal activist judge" might interpret the wording of Subsection (b) to outlaw marriage itself and said, "Don't risk it; vote against it.

Supporters of Proposition 2, however, believed Texans might not vote because they will be overconfident after seeing landslide victories for marriage bans in other states.

With around 17.97% voter turnout, this was the highest participation in a constitutional amendment election since 1991, boasted by the same-sex marriage ban.

Matt Foreman, executive director of the National Gay and Lesbian Task Force, said the outcome was not unexpected: "When you put a fundamental right of a minority up for popular vote, it's almost impossible to win."

[22] The Williams Institute projected that legalizing same-sex marriage in Texas would add $182.5 million to the state's economy in the first three years.