Voters overwhelmingly back ban

on same-sex marriage

 

By John Moritz, Star-Telegram,com from the Web, November 9, 2005

 

AUSTIN -- Texas voters on Tuesday overwhelmingly embraced the belief that marriage is union of one man and one woman and formally enshrined that language into the state Constitution.

Incomplete unofficial vote totals from around the state showed Proposition 2, which bars same-sex marriage in Texas and allows the state to ignore such unions sanctioned in other states and nations, being approved by an almost 3-1 margin.

The totals proved to be a victory for Gov. Rick Perry and the state's Republican leadership who said the constitutional amendment was necessary to protect traditional marriage from the whims of the state judiciary and from elected leaders in more liberal areas of the nation.

"Gov. Perry enthusiastically supported Proposition 2, he voted for Proposal 2 and he is very pleased that it passed," said Robert Black, a spokesman for the governor.

The marriage amendment was overwhelming supported in North Texas with nearly 8 in 10 Tarrant County voters registering their support and more than 6 in 10 Dallas County voters approving, according to the preliminary returns.  But in the Democratic stronghold of Travis County, voters were rejecting the measure by a significant margin.

Seven other proposed constitutional amendments were also placed before the voters, and the fate of several of them remained uncertain late Tuesday night.

Opponents of the marriage amendment conceded defeat about an hour after the polls had closed in most of the state.  But one opposition leader said the campaign helped open up a dialogue on gay and lesbian issues in Texas.

"We're disappointed with the outcome but we will move forward," said former state Rep. Glen Maxey, who led the anti-Proposition 2 No Nonsense in November campaign and is the only openly gay Texan to win a seat in the Legislature.  "We had literally thousands and thousands of very, very young new people taking up this cause."

State Rep. Warren Chisum, the Pampa Republican who guided Proposition 2 through the Legislature during the 2005 session, said the amendment adds teeth the state law already in place banning same-sex marriage.

"It stops the courts from overturning it.  That's the bottom line," he said.  "No activist judge can come in and reverse the marriage statute in the state of Texas."

The other ballot initiatives offered a mixed bag for election result watchers.  Proposition 4, which would allow judges to deny bail to defendants who violate the terms of their release, was gaining approval by a near 80-20 rate.  Allowing line-of-credit advances under reverse mortgage loans also appeared headed for passage.

But Proposition 5, which would allow the Legislature to increase interest rates on commercial loans, appeared to be in trouble with about 56 percent of the voters rejecting the idea in late returns.  Proposition 9, which would allow six-year terms for members of regional mobility boards, was also struggling with about 53 percent of the voters saying no, the incomplete returns showed.

"This shows that there are a substantial number of people who clearly don't trust the Legislature that put these proposals on the ballot," Democratic strategists Kelly Fero said.

Turnout for Tuesday's election proved unusually high for an off-year election.  Texas Secretary of State Roger Williams, the state's top elections officer, was forecasting a turnout topping 16 percent, which is well ahead of 2003's turnout of 12.2 percent, but behind the modern record of 26 percent for an off-year contest set in 1991 when voters approved the state lottery.

The sharpest debate during the run up to the election centered on Proposition 2.  Proponents, including Perry and several other state Republican officials, took to the TV airwaves and the church pulpits to emphasize what they called the moral need to protect traditional marriage.

Opponents offered a mixed message, saying that the proposal's wording could be construed as endangering the legality of all marriages and that the state Constitution should not be used to limit citizens' rights.

Both sides used the campaign as an opportunity to begin mobilizing voters for next year's statewide elections. Filing for those races begins Dec. 3.

Staff writer Jay Root contributed to this report. John Moritz, (512) 476-4294 jmoritz@star-telegram.com

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