Posted 11/05/2005 10:45:00 AM by Douglas

It's hard to imagine that some Texans think that the State Legislature is out to destroy the institution of marriage for all Texans, but that's just exactly what some think Proposition 2 is out to do.

Opponents of a proposed amendment to the Texas Constitution banning same-sex marriage said Monday the initiative's poor wording could effectively nullify all marriages.

Proposition 2 on the Nov. 8 ballot states that marriage exists only as a union of one man and one woman.

It then adds that the state or political subdivision of the state "may not create or recognize any legal status identical or similar to marriage."

Take a look at the language of the bill. Part a of Section 1 is clear enough, but Part b isn't.

This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.

I'll admit I'm no legal scholar, but wouldn't that have been much clearer if there had been an "OF" between the 'any' and the 'legal?' What does Pampa's own, Warren Chisum have to say about his amendment?

Rep. Warren Chisum, R-Pampa, who authored the amendment, called the group's assertion "ludicrous" and said no legal scholar could possibly agree that Proposition 2 could negate traditional marriages.

"It's just crazy," said Chisum, who has long championed measures to block same-sex marriage in Texas. "This is politics at its lowest level here. They're just trying to scare people."

Maybe I'm nuts, but isn't that exactly what legal scholars do? Arguing vaguely written statues to see how they could possibly be interpreted to suit their purposes? Maybe this wouldn't happen if the amendment more clearly written. Should make for an interesting Tuesday, regardless.