Nov. 9th, 2005

erikred: (Default)
Texas passed HRJ 6, a constitutional ban on gay marriage.

Some people have already noted that the language in the first part is self-contradicting.

What's fascinating to me, however, is the second part:

SECTION 2. This state recognizes that through the
designation of guardians, the appointment of agents, and the use of
private contracts, persons may adequately and properly appoint
guardians and arrange rights relating to hospital visitation,
property, and the entitlement to proceeds of life insurance
policies without the existence of any legal status identical or
similar to marriage.

While this was almost certainly written to mean that the state recognizes that currently existing methods of designating guardians, appointing agents, or using private contracts are adequate, the language could also be construed to mean that the state recognizes that marriage is not a necessary pre-condition to appointing guardians, arranging rights to hospital visitation, property, and the entitlement to proceeds of life insurance policies.

In other words, in the great State of Texas, the only unique advantage to marriage is... a tax break.

Can't wait to see this one brought to the courts.

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Erik, the BFG

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