Dynamist Blog

No on Proposition 2

Tomorrow, Texans will vote on Proposition 2, a terribly drafted constitutional amendment designed to outlaw gay marriage and anything like it. How badly drafted? As Dallas lawyer and technoblogger John Lanius explains, if read literally it would outlaw all marriage. Courts aren't likely to interpret it that way, of course, but they'll have to give up literal readings to get a reasonable outcome--and "reasonable" almost certainly includes banning any kind of domestic partnership.

Since Texas already defines marriage by statute as the union of one man and one woman, Prop 2 is nothing more than a gratuitous attempt to build Gov. Rick Perry's social-conservative voting base by attacking gays. Supporters say an amendment is necessary to control "activist judges." But the only judges the amendment would bind are Texas state judges. Texas state judges, including the state's Supreme Court, are elected by Texas voters. Texas state judges are quite conservative. They are, to put it mildly, highly unlikely to find a right to same-sex marriage in the state constitution.

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