The Texas law related to the Texas Defensive of Marriage Act seems very broad in it's language and talks in generalities with out naming specifics of defining a relationship only to say it can be close to or intended to be like marriage. Is the DOMA law specific enough to be constitutional? Can a judge from this language interpret what is and is not acceptable with out specific mention?
Sec. 6.204. RECOGNITION OF SAME-SEX MARRIAGE OR CIVIL UNION. (a) In this section, "civil union" means any relationship status other than marriage that:
(1) is intended as an alternative to marriage or applies primarily to cohabitating persons; and
(2) grants to the parties of the relationship legal protections, benefits, or responsibilities granted to the spouses of a marriage.
(b) A marriage between persons of the same sex or a civil union is contrary to the public policy of this state and is void in this state.
(c) The state or an agency or political subdivision of the state may not give effect to a:
(1) public act, record, or judicial proceeding that creates, recognizes, or validates a marriage between persons of the same sex or a civil union in this state or in any other jurisdiction; or
(2) right or claim to any legal protection, benefit, or responsibility asserted as a result of a marriage between persons of the same sex or a civil union in this state or in any other jurisdiction.
Copyright © 2024 QUIZLS.COM - All rights reserved.
Answers & Comments
Verified answer
I don't see any void for vagueness issues with this. It seems pretty clear what the legislature intended. Any vagueness issues you might be experiencing could probably be cleared up by looking at the "Definitions" section for whatever chapter of Texas law those provisions are found in.
No matter that they put it in their state Constitution, that still violates the Equal Protection Clause of the State and Federal Constitution. No matter if NC or MN adopt theirs, it will be the same thing. DOMA and state Mini DOMAs will be overturned because it denies equal protection under the law and puts them at a special disadvantage in everyday life
Seems pretty straight forward to me.