Will Proposition 2 ban ALL marriages? I heard that if the state is not allowed to recognize “any legal status identical or similar to marriage,” then that means they can’t recognize marriage also.
The Attorney General of the State of Texas rejected a similar argument on the floor of the state Senate when opponents tried to falsely argue that the Amendment would ban common law marriage.
The Amendment does not say the state may not recognize “marriage.” It prohibits only attempts to create a status similar or identical “TO MARRIAGE.” Other states, like California, have created copy-cats of marriage and just called it by a different name and thus avoided their constitutional marriage amendment passed by its people. The Texas Amendment does not allow this.
The words clearly recognize marriage in Texas as between a man and a woman and refuse to recognize attempts to recreate that status through any other means.
Will proposition 2 take away benefits and hospitalization of same-sex partners or common-law couples?
No. 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.