Yesterday, McClatchy.com reported on Texas's new constitutional amendment regarding marriage. The purpose of the amendment was to preclude any domestic partnerships or gay marriage, however the second part of the amendment is written a bit broadly, provoking controversy over whether the amendment may actually ban ALL marriages. I would argue that is an unlikely result should anyone bring a legal challenge. It is a maxim in legal interpretation that if a statute is ambiguous, one would then look to the legislative history. It is common for findings and goals be found in the records, so I think it unlikely that no marriages are authorized in Texas...but what an interesting legal morass that would be!
Comments