Voters could end marriage for all? (Austin American-Stateman)
Oct 26th, 2024 by Viviane
“I do” could be “we didn’t,” amendment foes claim.
By W. Gardner Selby
AMERICAN-STATESMAN STAFF
Tuesday, October 25, 2005
“I do” could become “by golly, we didn’t” for more than 4 million married couples in Texas if voters approve a clumsily worded proposed constitutional amendment, opponents said Monday.
But it’s not so, replied a Dallas-area lawyer who helped write Proposition 2, which would ban same-sex marriages and will appear on the Nov. 8 ballot.
Kelly Shackelford said: “You’d have to go through a lobotomy” to reach that conclusion.
Two other lawyers said the words at issue could be read to outlaw marriage but courts probably won’t kiss that bride.
The first sentence of an intended ban on same-sex marriage, drafted by state lawmakers last spring, defines marriage as between a man and a woman.
The second sentence states: “This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.”
And not recognizing anything “identical” to marriage could mean not recognizing marriage, said Glen Maxey, who heads No Nonsense in November, an Austin-based group battling the amendment. (more…)
Tags: gay, legal, marriage, sex, tes