Thursday, November 19, 2009

Has Texas Banned All Marriage?

In 2005 the voters of Texas approved a constitutional amendment that defined marriage as a union between one man and one woman. The amendment goes on to say, "This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage."

Really? The state cannot recognize any relationship identical to the union of a man and a woman as marriage?

In contrast, Ohio's constitutional amendment on the same subject is simple and quite clear:

Only a union between one man and one woman may be a marriage valid in or recognized by this state and its political subdivisions. This state and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance or effect of marriage.
I have to assume that the Texas courts, when faced with the question will recognize that the intent of the amendment, however inartfully expressed, was that the state and political subdivisions are prohibited from recognizing any status that is not a defined marriage as if it were identical or similar to a marriage.

The English language is tough. It is often tough to really make an expressed concept simple and clear.

Wait until we live under a 2000 page heath care bill. Nightmare time.

Source: McClatchey

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