Vast Variety

In 2005 the Texas state legislature and the voters of the state approved a constitutional amendment making same-sex marriages illegal. However, the Star-Telegram is reporting today that a 22 word clause meant to also ban the creation of civil unions and domestic partnerships may have accidentally outlawed ALL forms of marriage in the state of Texas. The text of Prop 2 as it was called in 2005 is fairly simple and straight forward.

(a) Marriage in this state shall consist only of the union of one man and one woman.

(b) This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.

Barbara Ann Radnofsky, a Houston lawyer and Democratic candidate for attorney general says that sub-section (b) effectively eliminates all marriage, even common law marriages, in the state. I’m not sure I completely agree with her as the intention of the constitutional amendment is to not only deprive LGBT Texans the civil rights to a civil marriage but also civil unions and domestic partnerships. However, I’m not intention could actually hold up in court if someone chose to challenge it. The logic follows that marriage (or at a minimum common law marriage) is in effect identical to marriage and would thus not be recognizable in Texas.

This isn’t the first time this line of thinking has been brought up in regards to Prop 2. In October 2005 the Austin Chronicle ran an article by Amy Smith that basically said the same thing.

However the whole thing may be a moot argument becuase on October 1st of this year, District Judge Tena Callahan struck down the amendment on the grounds that it does not treat same-sex couples equally under the 14th amendment of the US Constitution.

H/T: Joe.My.God

Cross Posted : The Pajama Pundit

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