SAME-SEX HEX

Here in the great state of Texas (hats off here; hands over heart) we are fixin' to vote on a whole raft of constitutional amendments. The main one is Proposition 2, which we are told will outlaw same-sex marriage and civil unions by putting into the state constitution a definition of marriage as being only between a man and woman. To wit:

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.

However, a commentator on the Volokh Conspiracy legal blog claims, "By leaving out key words, legislators are invalidating all marriage! The language is clear: (a) it defines marriage between one man and one woman, and (b) prohibits the recognition of (a), therefore prohibiting marriage between one man and one woman!

The writer goes on to note that similar acts in other states stick in the word "other" to make the meaning clear, as in "any OTHER legal status identical or similar to marriage."

This commentator thinks if Prop 2 passes, the state constitution will invalidate ALL marriages--including my own. Grandpa and I will be shacking up!

This sounds like pretty much a stretch to me. It seems plain enough what the act intends. But at the same time, if there is any wiggle room in it, some smartass lawyer will find it and who knows how some judge will rule on it. All for the lack of a little bitty word.

And even if that doesn't happen, the commentators on this blog warn that the law is apt to have a bunch of unintended consequences. Like, for instance, it might well end the grand old Texas institution of common-law marriage. And it might do like a similar law did in Michigan, that defined marriage and said the state would not recognize any other similar status. Then when a live-in boyfriend beat up his old lady and got charged with domestic violence, a judge ruled, "Nope, there can't be any such thing as "domestic violence" any more unless it's in an actual, legal marriage. Charge this boy with a lesser offense! Next case, please."

Prop 2 will probably pass because 90 percent of Texans are dead set against them gays getting married ("God made Adam and Eve, not Adam and Steve") and acting just like us decent folks.

Only thing is, the law may mean we will all be living in sin. Even Baptists.