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Austin's Atheism Blog

By Austin Cline, About.com Guide to Atheism since 1998

Texas Bans All Marriage?

Thursday June 2, 2005
Is it possible that in their zeal to ban gay marriage in Texas, the Christian Right has crafted a constitutional amendment that would in fact ban all marriage? That seems incredible, but it also seems possible based upon the language used.

Jonathan Ichikawa quotes the proposed amendment to the state constitution:

Sec. 32.
(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.

Ichikawa comments:

Texas cannot recognize any legal status identical or similar to marriage! I'm not sure what all would count as identical or similar to marriage, but I do know of one legal status that is definitely identical to marriage: marriage! I didn't realize the Texas legislature was so broadly anti-family.

The plain meaning of the language would certainly seem to ban all marriage and that's not what the lawmakers intended. There's no way that any court would uphold the amendment as it is worded, so I guess marriage is safe in Texas. This incident does, however, demonstrate that the Christian Right's obsession with gay marriage will lead them to do the most absurd and ridiculous things.

Of course, if any judge does refuse to read the text as it is worded, wouldn't they qualify as an "activist" judge?

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