Interesting claim about the Texas State Constitution
A few years back Texas adopted the following amendment to Article 1 (The Bill of Rights) of its State Constitution:
Sec. 32. MARRIAGE.
(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.
The motivation being to prevent any same sex marriages from being recognized in the state.
Now someone is claiming that this actually prohibits all marriage in the state of Texas.
I don't agree with Radnofsky's take on what Sec. 32 means but if judges do uphold it Texas will become a very interesting place since section 23 of Article 1 states:
Sec. 29. PROVISIONS OF BILL OF RIGHTS EXCEPTED FROM POWERS OF GOVERNMENT; TO FOREVER REMAIN INVIOLATE.
To guard against transgressions of the high powers herein delegated, we declare that everything in this "Bill of Rights" is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void.
Thus whatever it means it is in there for keeps.
Sec. 32. MARRIAGE.
(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.
The motivation being to prevent any same sex marriages from being recognized in the state.
Now someone is claiming that this actually prohibits all marriage in the state of Texas.
I don't agree with Radnofsky's take on what Sec. 32 means but if judges do uphold it Texas will become a very interesting place since section 23 of Article 1 states:
Sec. 29. PROVISIONS OF BILL OF RIGHTS EXCEPTED FROM POWERS OF GOVERNMENT; TO FOREVER REMAIN INVIOLATE.
To guard against transgressions of the high powers herein delegated, we declare that everything in this "Bill of Rights" is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void.
Thus whatever it means it is in there for keeps.