A couple of weeks ago I looked at the Texas ballot, especially Proposition 2. What I saw was a poorly drafted constitutional amendment that facially failed to enact what it purportedly was intended to enact and inadvertently destroyed that which it was intended to support.
Specifically, Proposition 2 was supposed to capture Texas's distate for legal protections for same-sex unions, and to enshrine heterosexual marriage.
Well, Texans must not have read the Proposition or the proposed amendment, because yesterday 17% of the registered Texas voters turned up at the polls, and 76% of those voters approved Proposition 2.
Apparently, this statistic reflects the percentage of functionally illiterate adult Texas bigots.
I still contend that Proposition 2 eliminates heterosexual marriage or even civil unions. Moreover, if you were married or otherwise united in a different state, Texas can no longer recognize your marriage.
Here's the exact wording of 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.
Texas has defined marriage, and then said that it cannot create or recognize marriage or anything like it.
It's the itsy-teeny hitch that stops hitching.
The good news, I suppose, is that the Texas legislature identified a few of the many kinds of particular documents that any couple may use to secure certain property and liberty interests. The Joint Resolution that put Proposition 2 on the ballot says in 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.
Call this the Family Lawyer's Job Enhancement provision.
It almost makes me want to cross the River Red and practice in the Loon Star State.