Does Texas Permit Marriage?

April 23rd, 2013
marriage
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, substack

Recent posts on blogs I like:

Differential diagnosis of loveshyness

In my life coaching practice, I see a lot of male clients who have trouble getting dates (including fairly severe trouble, such as never having been kissed in spite of being in their thirties).

via Thing of Things February 6, 2026

2025-26 New Year review

This is an annual post reviewing the last year and setting intentions for next year. I look over different life areas (work, health, parenting, effectiveness, etc) and analyze my life tracking data. Highlights include a minimal group house, the usefulness…

via Victoria Krakovna January 19, 2026

Family Christmas

Unlike many families my family celebrates Christmas with really really a lot of our family. This past year there were about 29 people at my Grandfather's house in the week around Christmas. I know what you're thinking: how does that work? It's…

via Lily Wise's Blog Posts January 3, 2026

more     (via openring)