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Did Texas Just Ban Marriage?

HJR No. 6 passed in Texas yesterday, supposedly to ban gay marriage. But read the text closely.

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.

Is it egg-heady coastal elitism to point out that Texas just defined marriage and then made it illegal for everybody, even heteros? I wonder if “family values” include literacy.

Posted by on 11/09/05 at 10:54 AM | E-mail | Print



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» Banning Marriage from Jacob Williams' Blog
There are a few people out there who seem to still think that the amendment passed here yesterday bans marriage. This is based on an interpretation of Section 32(b): This state or a political subdivision of this state may not create or recognize any... [Read More]

Tracked on November 9, 2005 11:12 AM

Comments

Yes, we've outlawed marriage, in any form, in Texas. Some of us like to live on the edge here. Damn the torpedoes and full steam ahead!

Posted by: BlueInRed on 11/09/05 at 11:35 AM

Not that I'm eager to defend Texans, but use your head. Your bias is clouding your ability to reason. Part (a) defines marriage. Part (b) contrasts "any legal status identical or similar" to the aforementioned definition of marriage and specifically outlaws it.

Posted by: NMCKAYC on 11/09/05 at 1:39 PM

I think the good people of Texas HAVE outlawed marriage. Please help me find a constitutional lawyer who wants to challenge the idiotic law.

Posted by: John Calvin Jones, PhD, JD on 11/09/05 at 3:25 PM

Whether is outlaws ALL marriage or not, it certainly brings common-law marriages into question. They are really no more marriages than civil unions, and are outlawed by this ammendment. I see a nice long court battle ahead. Personally I think it's a great idea. I will be marrying my fiance anyway, whether Texas likes it or not.

Posted by: Shawne Ewert on 11/10/05 at 7:12 AM

I LOVE THIS!!

I hope it ties up court after court. Damn I wish they had done this before I got divorced.

Posted by: another blue in red on 11/10/05 at 11:50 AM

(a) Marriage in this state shall consist only of the union of one man and one woman.

Thank God .. and the Good People of Texas.

Posted by: nimd4 on 11/11/05 at 11:11 AM

Note to MMCKAYC: Please define the word "identical" for us, then explain how the wording of this constitutional amendment makes sense to the Texas ban-gay-marriage contingent (or to anyone else for that matter).

Posted by: Richard Suddick on 11/11/05 at 11:22 AM

Two comments: First, this was the largest turn out at the polls that I have seen since living in Texas. Second, it was a lot of fun to stand outside the polls and ask folks to vote no on this proposition since they looked at me like I was the village axe murderer.
In Texas, it's fun to wear anti Bush shirts and irritate the folks at the HEB grocery store! We, the minority, have to let them know that progressive people DO exist in Texas.

Posted by: progressive grannie on 11/11/05 at 11:27 AM

So, now when we call Texans "bastards" it's legally accurate?

Posted by: theett [TypeKey Profile Page] on 11/11/05 at 11:35 AM

Actually, I think some of the comments miss the first point: one man and one woman. Which "one" man and which "one" woman are married, or wish to marry? It seems that Texans are getting away easy. They only need to buy one gift. But, then again, there'll only be "one" reception! Wait till that sinks in for the vendors!

Posted by: Michael Wasielewski on 11/11/05 at 11:37 AM

The key word here is identical.

i·den·ti·cal

ADJECTIVE:

1. Being the same: another orator who used the senator's identical words.
2. Exactly equal and alike.
3. Having such a close similarity or resemblance as to be essentially equal or interchangeable.
4. Biology Of or relating to a twin or twins developed from the same fertilized ovum and having the same genetic makeup and closely similar appearance; monozygotic.

The American Heritage® Dictionary

Posted by: cl on 11/11/05 at 11:53 AM

They had to destroy marriage in order to save it.

Posted by: Tank on 11/11/05 at 12:12 PM

Texas has the worst air and the worst water in the country. So what do they do? BAN MARRIAGE! Glad those "ignornant and proud of it" savages in that state got their priorities straight.

Posted by: Ass Baby on 11/11/05 at 2:12 PM

My! What a bunch of illiterate sinners, Texas has for legislators!

Posted by: Lacey S. Cannon on 11/11/05 at 2:55 PM

NMCKAYC is, unfortunately for married (or wannabe) Texans, reading into HR 6 something that wasn't written. There's nothing there to "contrast" 32(a) and 32(b). Marriage *is* identical to itself, and so cannot legally be perpetrated or recognized by any Texan government.

It's also foolish legislation because it implicitly recognizes gay marriage as "similar" to the legal institution (oops, now illegal). That's not a point that the fundies should be opening for discussion, if they're serious about perpetuating their homophobia.

The Texas legislature may now officially be the stupidest on the planet. What a bunch of morons.

Posted by: John S. on 11/11/05 at 3:28 PM

I can see that George W. Bush is not the ONLY " SMART ONE " from TEXAS. GOD HELP US.

Posted by: Finn Roslev on 11/11/05 at 4:32 PM

Don't Mess With Any State Similar Or Identical To Texas.

Posted by: Pat Burton on 11/11/05 at 5:57 PM

Texas has not banned marriage, it has only made it illegal for the state and any political subdivision of the state to recognize it.
It means that any civil justice of the peace who performs a marriage ceremony is breaking the law.

Posted by: Jay Raskin on 11/11/05 at 6:31 PM

TO MMCKAYC: BEFORE YOU RUN OFF AT THE MOUTH READ THE DEFINITION AGAIN: THEY KEY WORD IS "IDENTICAL" WHICH MEANS "THE SAME AS ....ONE IN THE SAME, INTERCHANGEABLE" NO IDENTICAL MARRIAGE, MEANS NO MARRIAGE (SAME GENDER OR OPPOSITE GENDER) IS LEGAL. THE SIMILAR IS SUPERFLUOUS. THEY VOTED OUT ALL MARRIAGE. BRILLIANT!!!!!!!

Posted by: DR. BOB on 11/11/05 at 8:43 PM

Well, not to defend Texas stupidity cause God knows they sure do try to be stupid here, but I think after reading this several times that 32a clarifies the definition of marriage which is actually defined elsewhere in the code, and 32b states that no other type of union that is functionally equivalent to marriage can be created or recognized, not that marriage itself is illegal. I don't think this would affect the existing common law marriages under the code is it was before this amendment, but it could be that future common law marriages would be illegal, even if they did only consist of one man and one woman, since common law marriage is a "legal status identical or similar to marriage" as I understood it when I common law married my wife here in Texas.

Posted by: Mike on 11/11/05 at 8:44 PM

Yeah...maybe they did ban marriage or maybe the apposing posters are correct and Texas through some implication of words really did just ban 'gay' marriage. My question is...why the hell are we debating over a law in the first place? Why don’t we make ALL laws have this sort of controversial ring around structure? That would be lovely imagine how many criminals would dance to that tune. There should be no confusion in these laws, why are 50 / 50 understanding sec.32? Just the fact that there is such a huge split in people understanding or misinterpreting this law states that Texas is STUPID and doesn’t know how to arrange words properly. Laws should be CLEAR and not start enormous debate which could lead to the court room. In reality though any one who looks at the logistics of this will understand their goal was to ban gay marriage, however it’s funny to point out how pathetic Texas can be.

Posted by: Adam on 11/11/05 at 9:19 PM

Perhaps this is some Darwinian, sociological mutation to prevent Texans from procreating and diminishing the gene-pool to a greater degree than they already have.

What delicious irony! We had to destroy the institution of marriage to save the institution of marriage.

Where have I heard this before?

Posted by: skogsblog on 11/11/05 at 9:29 PM

Flips over to their sodemy and adultery laws... hummm...

It sez right here that if I get mehyself 'lected sherif, I can put anyone I'z want in the pokey... 'speshully married folk.


So... you heard it here first. Everyone in Texas had better stop having sex right now!

Posted by: anonymoustroll on 11/11/05 at 10:59 PM

When i first read this amendment, i had to laugh. this was when it was proposed. I waited for a full month, hoping someone would notice the ambiguity of the term "identical." nobody did, at least not in the legislature, which, in texas, is known for its legion stupidity. YeHaw! now i find that the lege really does represent the true constituency of the state. Which well explains how on earth they could have elected someone like GWB Governor over Anne Richards, and how a huge number of texans enjoy the dubious honor of still standing by thier man. teh one upnote of this laew is that it may have just saved me a few grand for a divorce. hahahahaha, laughs on the courts.

Posted by: eaine on 11/12/05 at 12:55 AM

Talk about radical deviant politics and legislation.
Welcome to sex crime from Orwell's 1984. All union between citizens is banned.

Is it not obvious republicans are more radical statist totalitarians than Stalin's Communism. An entire country run by a politbeurea of interlocking corporate directorates. Command Economy. Tyranny. Everything several generations of Americans were taught to fear and hate is now our American Republican Gulag State.

Posted by: Joseph Kosuda on 11/12/05 at 10:40 AM

Sounds to me like all past marriages are safe, just that any new ones or recognizing the old ones is illegal in TX.
Sounds a lot like all politicians. And yes I said ALL.

Posted by: Bill on 11/12/05 at 12:09 PM

Read Molly Ivins for her commentary on what the Texas lege is really all about and the mental capacity or lack thereof of the individuals participating in the aforementioned lege. Actually this law won't change much because marriage in Texas has always been somewhat of a nebulous institution anyway.

Posted by: dan on 11/13/05 at 7:30 PM

Yes, they technically made it illegal to recognize marriage, or at least recognize all marriages but one lucky couple, who were not identified. They should have used "a single" instead of "one" in the text, but that's niggling over the letter of the law and not the spirit of the law. As a progressive, I say we follow the spirit over the letter.
Of course, with this law, the letter is logically flawed and spiritually corrupt.

Posted by: Josh on 11/15/05 at 9:44 AM

Go Texas. Soon they will have a movie star governator like California(and yes i did mean to spell Governer wrong, to mix it with arnolds accent)

Posted by: Bob on 11/15/05 at 6:06 PM

Impressive; you think they'd be able read over their additions when there's only 2 sentances to read...

Posted by: Twinge on 11/23/05 at 11:54 PM

Who are we to decide right from wrong? If you think gay marriage is disgusting, THEN DON'T GET MARRIED TO AN OTHER MAN!!! It works the same way with abortions. Just live your life and let other people live theirs. Focus on your house instead of your neighbours'. If you feel the need to go around ruinig other people's life, it means that your life is too miserable and you know it.

Posted by: Tibo on 12/19/05 at 5:29 PM

that's kind of funny, but what i don't understand is how it's ok to ban any type of marriage (or civil union or whatever) any way in our Dec. of Independence it states that "all men are created equal, that they are endowned by their creater with certian unalienable rights, that among these are life, liberty, and the persuit of happiness," Now I may just be an uneducated 15 year old, but i believe that i have more sense then most people in our government and they went to college. how can any of their actions be legal?

Posted by: tesha on 05/17/06 at 2:17 PM

It would truly be a miracle if Texas were smart enough to ban straight marriage. Banning marriage is something that needed to be done 30 years ago, and it is nothing short of disgusting (not to mention laughably stupid)that an utterly useless tradition such as marriage still exists!

I hope the retards in Texas really did just ban marriage. It might actually make Texas a nice place to live!

Posted by: Luis on 05/24/06 at 11:31 AM

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