Houston Democrats

“Legislators did such a poor job drafting the amendment that all marriages in the State of Texas are at risk of being invalidated,” said Captain Crow.  “In their zeal to use the broad brush of discrimination as a ruse to protect ‘traditional’ marriage, the Legislature threatened marriage as we know it.”

        

           The Texas Marriage Amendment lacks key words that legislatures in other states used in passing constitutional amendments to clarify that marriage as it is known today would remain intact. 

 

The language that would be written into Article I, Bill of Rights in the Texas Constitution if Proposition 2 were to pass reads:

 

Section 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.

                   

The language is clear, part ‘a’ defines marriage as between one man and one woman, and ‘b’ prohibits the recognition of ‘a’, which is marriage between one man and one woman.

 

“Proponents of this measure are saying that marriage between same-sex couples would some how threaten my marriage,” said Crow.  “After reading the language of the Amendment for myself, I see that Proposition 2 is the real threat to my marriage.

 

“I have spent nearly a third of my life defending my country and now I have to come home from fighting a war and defend my marriage from my state,” said Crow, who is married with two children.  “I am ready to fight for my marriage and every marriage in Texas.”

 

Martha Cotera, a long time Austin resident, stood with Crow and the other married couples and voiced her concerns.  She said that the flawed language that will be written into the Constitution is all a judge can consider if the amendment is challenged.

 “Just the fact that even one attorney thinks the language in the marriage amendment annuls all marriages, makes me say ‘don’t risk it,” said Cotera.  “An activist judge could use this questionable language to end marriage as we know it.” 

 

Crow said that Save Texas Marriage will educate voters about the implications of the flawed language that Proposition 2 would write into the Constitution. 

         “There are only two weeks left until this election is over,” said 
Crow.  “Save Texas Marriage has a very simple message, ‘If 
you really want to protect marriage in Texas, you must vote 
against Proposition 2. We cannot risk the consequences.”   

Save Texas Marriage is a Specific Purpose PAC created to educate Texas voters on the Flawed Language of Proposition 2. For more information, visit www.SaveTexasMarriage.com. 

 

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NOTE: Attached is wording of other constitutional marriage amendments that have passed in other states.  In these, key words are included to specify traditional marriage will not be affected. 

 

Wording of Constitutional Amendments

Arkansas

"Marriage consists only of the union of one man and one woman. Legal status

for unmarried persons which is identical or substantially similar to marital status shall not be valid or recognized in Arkansas, except that the legislature may recognize a common law marriage from another state between a man and a woman. The legislature has the power to determine the capacity of persons to marry, subject to this amendment, and the legal rights, obligations, privileges, and immunities of marriage."

Kentucky

"Only a marriage between one man and one woman shall be valid or recognized as a marriage in Kentucky. A legal status identical or substantially similar to that of marriage

for unmarried individuals shall not be valid or recognized."

Louisiana

"Marriage in the state of Louisiana shall consist only of the union of one man and one woman. No official or court of the state of Louisiana shall construe this constitution or any state law to require that marriage or the legal incidents thereof be conferred upon any member of a union

other than the union of one man and one woman. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized. No official or court of the state of Louisiana shall recognize any marriage contracted in any other jurisdiction which is not the union of one man and one woman."

North Dakota

"Marriage consists only of the legal union between a man and a woman. No

other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent effect."

Ohio

"Only a union between one man and one woman may be a marriage valid in or recognized by this state and its political subdivisions. This state and its political subdivisions shall not create or recognize a legal status

for relationships of unmarried individuals that intends to approximate the design, qualities, significance or effect of marriage."

Oklahoma

"A. Marriage in this state shall consist only of the union of one man and one woman. Neither this Constitution nor any other provision of law shall be construed to require that marital status or the legal incidents thereof be conferred

upon unmarried couples or groups.

B. A marriage between persons of the same gender performed in another state shall not be recognized as valid and binding in this state as of the date of the marriage.

C. Any person knowingly issuing a marriage license in violation of this section shall be guilty of a misdemeanor."

Utah

"(1) Marriage consists only of the legal union between a man and a woman. (2) No

other domestic status or union, however denominated, between persons is valid or recognized or may be authorized, sanctioned, or given the same or substantially equivalent legal effect as a marriage."

Wisconsin (proposed)

"Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state. A legal status identical or substantially similar to that of marriage

for unmarried individuals shall not be valid or recognized in this state."

Texas (proposed)

Article I, Texas Constitution, (The Bill of Rights) is amended by adding Section 32 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.