Up to November I’ll be posting here and elsewhere regarding the constitutional amendment on the ballot here in Texas. Amendment #2 reads:
“The constitional amendment providing that marriage in this state consists only of the union of one man and one woman and prohibiting this state or any political subdivision of this state from creating or recognizing any legal status identical or similar to marriage.”
It is absolutely critical that every person eligible in the state of Texas become registered and vote in November against this amendment. Why?
Gay marriage is already illegal. This just rubs salt in the wound. Redundant laws, FYI, do NOT help heal cultural divisions. They just make them worse. Recall that denial of civil rights in the past has generally NOT led to peaceful, happy times but rather unrest, violence, protests and more.
53% of Americans in recent polls support civil unions for gays and lesbians. This amendment makes them illegal.
Common law marriages become illegal.
Domestic partner registries in any Texas city or county become null and void.
Legislators and anti-gay activists got carried away in Ohio and passed a very similar amendment. Guess what happened? Read the last part of the amendment again. What it means is no law in the state of Texas can affect a married couple a particular way, and then affect anyone else in a similar fashion. Doing so would create a ‘legal status similar to marriage’. In Ohio, domestic abuse is now legal. Yep, that’s right, you can hit your common law wife in Ohio because you’re not married (it’s still assault I assume, just doesn’t have the higher penalties for domestic abuse, court restraining orders can’t be issued as quickly, etc). Courts threw out their domestic violence law because it equated a man and woman living together to a married couple. They can’t just re-word the law either, there will have to be a law for violence between married couples, and a different one with different wording and lesser (because they can’t look too similar) punishments for unmarried couples. Even then, the law for abuse between unmarried couples might still get overturned. So let’s give them a big round of applause in Ohio for making it legal to hit your loved one as long as you’re not married to them because of homophobia. The same will happen in Texas if this is passed.
Conservatives often argue about ‘activist judges’. While I disagree with what they call activism, that’s neither here nor there. If you vote yes (or don’t vote and it passes, passivism is just as bad here!), then you’re handing the judges a silver platter, a veritable buffet of activism. The hundreds of laws and regulations in the state of Texas that mention spouse, marriage, etc. are contestable now. If they in any way mention anyone else other than the married couple, they are technically unconstitional (because they create a legal status similar to marriage). This will create legal anarchy, overwhelm the courts, the legislature will be busy next session reworking laws to make them compliant (instead of paying for kids’ education yet again!). Make no mistake, if this passes I will gladly help seek out laws and contest them as unconstitutional. With civic pride I will tie up our courts and make our populace vulnerable as laws are overturned and new ones have to be worded. It would be my duty to take this law to the furthest extent possible and wreak as much havoc on our society as I can.
Do you need more reasons by now?
Wills, powers of attorney, and medical powers of attorney which are reciprocal between two unmarried people may be revoked.
Possibly (again, the courts will get to choose and ‘legislate from the bench’), domestic partner benefits offered at companies will be revoked. Many, MANY gays & lesbians will leave the state if this occurs, as will many businesses who pride themselves on diversity. The state’s economy will be affected. Even if this doesn’t happen, the tidal wave of laws changed (many contested laws will be around benefits, which are already a nightmare for companies), will cause companies to spend inordinate amounts on changing their benefits to comply with new laws.
GLBT activists will immediately shift their time and money to getting this reversed. That volunteer power could be allocated to more important issues. Legislators will be overwhelmed with letters and e-mails asking for a amendmen to be put forward to repeal this, when they could be focused on more important items.
Before you consider voting yes, think about any unmarried straight couple you know. Any protections they take for granted in the state of Texas, benefits they may not even be aware of, will suddenly evaporate overnight if this passes. They will be treated like two strangers who happen to have the same address. They can’t be given special treatment to arrange for each other’s care, visit each other at the hospital, have legal guardianship of the other’s children. Nothing. In fact, they’ll be treated pretty much like gay couples have. At least we’ll have more people on our side!
Do what you can. Vote no to this nonsense in November! Do more than you can: tell others to vote no. Donate to the groups fighting this amendment. Speak to any group of people you can about it.
Find out more about the issue and what you can do at the following organization’s websites:
- No Nonsense in November - statewide coalition against the amendment
- Texans United - North Dallas/Collin County area focused group against the amendment