::  Posts  ::  RSS  ::  ◂◂RSS  ::  Contact

Does Texas Permit Marriage?

April 23rd, 2013
marriage  [html]
Imagine a state were to pass a constitutional amendment like:
(a)
Homosexual marriage in this state shall consist only of the union of two men or two women.
(b)
This state or a political subdivision of this state may not create or recognize any legal status identical or similar to homosexual marriage.
This pretty clearly bans gay marriage, and it probably prohibits civil unions. Reaching a bit, it might also ban straight marriage, but it's not clear that's "similar" enough.

It turns out that Texas did pass an amendment like this back in 2005, but with a few different words:

(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.
First they define marriage, then they ban it. Really. This was pointed out as a problem at the time, and opponents even ran ads with elderly opposite-sex couples saying "don't erase our marriage".

So now I'm wondering: has anyone tried to use this? Arguing in a divorce case that in fact you were never married, so you don't have to divide your assets?

Comment via: google plus, facebook

Recent posts on blogs I like:

Teacher Housing and the Rot

I recently saw that San Francisco is considering fast-tracking residential development dedicated to teacher housing. There are quibbles between the moderate mayor and the progressives on city council (“Board of Supervisors”) over the exact structure of th…

via Pedestrian Observations June 23, 2019

Instead of “I’m anxious,” try “I feel threatened”

cw: teaching to learn I have a long history with anxiety, and I’m pretty good at noticing when it’s happening. The problem is that I’m always anxious. Noticing anxiety doesn’t snap me out of anxiety– in fact, it often produces meta-anxiety, anxiety about …

via Holly Elmore June 20, 2019

Checkmate on blackmail?

It has been argued that blackmail should be legal if gossip is legal, and even that there are no good consequentialist counterarguments (!). I think this isn’t obvious because the disclosures incentivized by blackmail are systematically worse than gossip.…

via The sideways view June 2, 2019

more     (via openring)

More Posts:


  ::  Posts  ::  RSS  ::  ◂◂RSS  ::  Contact