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Location: Tulsa, Oklahoma, Tonga

Monday, October 24, 2005

That's Right--You're Not from Texas

Why Texas needs more (and better) lawyers in its state legislature:

On 8 November 2005 Texans will have the opportunity to vote on a number of ballot initiatives. Proposition 2 relates to marriage. My guess is that the two chambers of the Texas Legislature wanted preemptively to invalidate any proposed statute that might legitimize same-sex partner civil unions, marriages, or other accommodations.

Tom DeLay's TRMPAC successfully changed the political composition of the Texas legislature, however, and the current crop of statesmen have written a proposition that would, on its face, eliminate heterosexual marriage (or civil unions) as well.

The language on the initiative (from the Texas Secretary of State's website) reads

Prop. 2 HJR 6 Chisum - Staples

Ballot Language

"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."


"Enmienda constitucional que dispone que en este estado el matrimonio consiste exclusivamente en la unión de un hombre y una mujer y que desautoriza, en este estado o en alguna subdivisión política del mismo, la creación o el reconocimiento de cualquier estatus jurídico idéntico o semejante al matrimonio."


Brief Explanation

HJR 6 would provide that marriage in Texas is solely the union of a man and woman, and that the state and its political subdivisions could not create or recognize any legal status identical to or similar to marriage, including such legal status relationships created outside of Texas.


The "Brief Explanation" fails to explain the proposition at all!

Furthermore, the language of the actual Joint Resolution clearly states that neither the state nor its subdivisions "may not create or recognize any legal status identical or similar to marriage."

H.J.R. No. 6

A JOINT RESOLUTION

proposing a constitutional amendment providing that marriage in this state consists only of the union of one man and one woman.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article I, Texas Constitution, is amended by adding Section 32 to read as follows:

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."


SECTION 2. This state recognizes that through the designation of guardians, the appointment of agents, and the use of private contracts, persons may adequately and properly appoint guardians and arrange rights relating to hospital visitation, property, and the entitlement to proceeds of life insurance policies without the existence of any legal status identical or similar to marriage.

SECTION 3. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 8, 2005. The ballot shall be printed to permit voting for or against the proposition: "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."



Don't you just love it when hate shows itself as truly stupid?

If the Proposition passes, Texas could revise its state motto. I anticipate license plates that read "Texas: The Lone State."

Or church signs that read "Go forth and sin. More."