The wording of the Proposition 2 constitutional amendment as passed in Texas:
"The constitutional amendment 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."
Although the amendment A) defines marriage as between a man and a woman, it B) prevents the state from recognizing any legal status identical to marriage, but it doesn't specify that as same sex. An e-mail circulated before the election claiming that the wording of the amendment would nullify all marriages because it eliminates anything identical to marriage, which could be marriage itself.
Of course, that was just a political ploy by a group seeking to rouse opposition to the amendment, but it would be quite amusing if a disgruntled lawyer decided to test how strictly Texas interprets its constitution.
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Comments (1)
No one was surprised that Proposition 2 passed, but the beating was severe--of Texas-sized proportions.
I think the argument that the proposition could make all marriage invalid in Texas backfired horribly. It made otherwise supportive people think that the anti Prop 2 camp was being disingenuous.
The gay community (of which I'm a part) needs to start framing this debate in a way that will resonate with most Americans. I have an idea. Let's call the anti-gay marriage postion what it is--arrogance. Arrogance that a heterosexual civil marriage is the only type of relationship worthy of recognition.
I have more thoughts on this here: http://martymusings.blogspot.com/2005/11/all-my-exs-cant-live-in-texas.html
Marty
Posted by Marty | November 13, 2005 5:59 PM