Texas Anti-Gay Marriage Amendment Backfires!

    Hey Kos, had this e-mail forwarded to me about the Nov ballot proposition in Texas to ban gay marriage. Made a few phone calls and found out the lawyer types think this is real. It appears it their rush to hate they wrote in poor verbage that would negate all marriage in the state.  My understanding of these amendment propositions is that once they leave the legislature, they are on the ballot, no takebacks. If it passes, and it really was miswritten, another proposition would need to be passed to kill the first, then a third would need to be offered if the right wanted to continue to write hate and discrimination into our governmental documents.  I sort of feel this is a moot point because this issue will go all the way to the SCOTUS and I doubt even a right leaning court would allow this sort of discrimination to fly. The e-mail as it was sent to me follows:

SAVE TEXAS MARRIAGE

VOTE NO ON PROPOSITION 2

The flawed language of Proposition 2 would annul ALL marriage in Texas

Proposition 2 does not protect marriage, it destroys it.

The language that would be written into the Texas Constitution first defines marriage as a union between one man and one woman, and then goes too far and prohibits all marriage.

Legislators left out key words that would clarify that marriage between one man and one woman is the only "marriage" recognized by the State.

Read the language yourself.

Proposition 2 would amend the Texas constitution to read:

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.

When reading the language it is clear:

(a)   Defines marriage as between on man and one woman

(b)    Prohibits recognition of (a)

Other states got it right.  When legislators in other states wrote similar Constitutional amendments they were careful to include key words that would protect marriage as it stands today.

Utah:  "No other domestic status or union, however denominate, between persons is valid or recognized or may be authorized, sanctioned, or given the same or substantially equivalent legal effect as a marriage"

Kentucky:  "A legal status identical or substantially similar to that of marriage for UNMARRIED INDIVIDUALS  shall not be valid."

Any greedy insurance company, tricky divorce lawyer or activist judge could easily use the flawed language to invalidate every marriage in Texas.

Read the amendment for yourself, and see if you are willing to take the risk