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SJR 35

Proposing a constitutional amendment to repeal the constitutional provision 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, and to change certain terminology used to refer to the parties to a marriage.

89th Legislature (2025)

Texas constitutional amendment repealing state marriage ban on same-sex couples and updating marriage terminology to gender-neutral language.

Referred to State Affairs
#family--marriagerelationship(i0350) #resolutions--constitutionalamendments(i0661)
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WeVote Research Nonpartisan
Bill Summary · SJR 35

Legislative bill overview

SJR 35 proposes a constitutional amendment to repeal Texas's current constitutional ban on same-sex marriage (adopted in 2005) and related language prohibiting marriage-equivalent legal statuses. The amendment would also update marriage-related terminology in the state constitution to be gender-neutral.

Why is this important

Texas's current constitutional provision explicitly restricts marriage to heterosexual couples, creating a direct conflict with the 2015 U.S. Supreme Court ruling (Obergefell v. Hodges) that legalized same-sex marriage nationwide. While federal law currently supersedes this provision, repealing it would remove the constitutional impediment and align state law with current legal reality. This also carries significant symbolic weight regarding LGBTQ+ rights recognition in a large, politically influential state.

Potential points of contention

  • State sovereignty vs. federal precedent: Supporters of the current provision argue states should define marriage; opponents note federal constitutional law already settled this issue
  • Cultural and religious values: Conservative groups view traditional marriage definitions as foundational; progressive groups see repeal as essential equality protection
  • Constitutional amendment process: Requires legislative approval and voter referendum, making passage difficult in Texas's conservative political environment
  • Terminology changes: The shift to gender-neutral language may face resistance from those who view it as diminishing traditional family concepts

Compiled from official sources — confirm details with the bill’s official record.

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