A while back in
another blog, I mentioned a constitutional amendment purportedly dealing with "gay marriage." Well, the damn thing passed.
Here's what the voters of Texas approved today:
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article I, Texas Constitution, 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.
Yup. You read it right. The plain language of the amendment prohibits the state from attaching any legal significance to the institution of marriage. Not just gay marriage, but any legal status "identical or similar to marriage."
Do they know what the word "identical" means? Here's a hint-- It mean "the same." Marriage is, by definition, identical with marriage. And marriage, by definition, is "the union of one man and one woman." And anything that resembles marriage but deviates from the definition is "similar to marriage."
One of the primary rules of construction is that if the plain language is unambiguous, you don't look at legislative intent. Which means, in a case like this, that you look only at what they actually said, not what they meant to say. And in this case, the plain language of the amendment defines marriage and then prohibits the state from affording marriage (or anything resembling marriage) any legal status. (There's another rule of construction that says that you presume that the legislature did not intend an absurd result, but what's the fun in that? And besides, what's so absurd about the state declining to recognizing marriage?)
Idiots???
I wonder.
(My first thought about this was that it's an amusing example of legislative ineptitude, but wouldn't really change anything because marriage is a fundamental right protected by the United States Constitution. On further reflection, I'm not so sure. The Supreme Court of the United States held in Loving v. Virginia (and other cases) that the right to marry, at least as it has traditionally been understood, is a fundamental right protected by the Fourteenth Amendment. But the plain language of the amendment wouldn't interfere with people's right to marry; it would only prohibit the state from affording marriage any legal significance.)
Labels: Politics