So the state of Texas has a proposition, Proposition 2, that purports to ratify marriage as between one man and one woman. But there's a problem. If passed, this amendment could conceivably be used to annul current marriages in Texas. Here's the text or the proposed amendment as stated on the ballot:
Article I (The Bill of Rights), Texas Constitution, would be amended to read as follows:
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.
Looks fine, until you look at the bold caps. Basically, Texas is defining marriage as between one man and one woman (which they've already done), then stating that anything identical (or similar) to marriage won't be recognized.
Let me say that again. Section 32 (a) defines marriage as one man and one woman. Section 32 (b) then states that anything identical to (identical: a.) being the same, b.) exactly equal and alike, c.) having such a close similarity or resemblance as to be essentially equal or interchangeable) may not be recognized.
Oh, I know that they would claim that they meant c.), but what would stop a divorce lawyer or an insurance company from claiming that a.) is how they read it, if only to make or save money (as the case may be).
Would it have hurt the Lege to actually study what has and has not been declared overbroad in the past and write the amendment appropriately? Or is this like
"When two trains meet each other at a railroad crossing, each shall come to a full stop, and neither shall proceed until the other has gone?"If this passes, my niece and nephew will be illegitimate and my sister will be living in sin. Oh woe is us.