a shrine of insignificance

So the citizens of the State of Texas are voting on 79(R) HJR6, which is an amendment to outlaw gay marriage. However Section 32 (b) of the amended constituion will reads: “This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.” No qualification or limitation is placed on this statement. Obviously marriage is identical to marriage. Section 32 (a) reads: “Marriage in this state shall consist only of the union of one man and one woman.” Therefore, 32(b) effectively means that Texas may not recognize a union of one man and one woman. Since clearly that is a legal status that is identical to marriage. That means that when Texas enacts this amendment, marriage will be outlawed by the state. Frankly, I would like to see the effect on divorce proceedings. If the state cannot recognize their legal status, a person would have no legal standing to sue for divorce. Plus, if a couple had no explicit contract or agency set up to allow spousal privledges, these privledges will disappear. It is only a matter of time until this amendment would be struck down by the feds. How did this slip by?

plb

Filed under: General, Politics on October 20th, 2005