The Texas Constitution may soon define marriage as between "one man and one woman," if the Senate passes a resolution that was cleared in the House Monday.
House Joint Resolution 6, authored by multiple state representatives, would have the Texas Constitution state that "marriage in this state consists only of the union of one man and one woman." The amendment, said co-author Rep. Warren Chisum, R-Pampa, is to assure that no other relationship is held on the same level as marriage.
"The state will not recognize any arrangement similar to marriages, not even civil unions between two people of the opposite sex," Chisum said.
Critics of the amendment, however, say the issue is about keeping same-sex couples from being recognized by the state.
"This is a smokescreen. This is about curtailing the rights of homosexuals," said Rep. Rafael Anchia, D-Dallas. "Through this amendment, you are changing a special part of the Constitution - it's called the Bill of Rights."
University Democrats were in the House gallery wearing custom-made shirts that read, "Hate is not a Texas value." They have organized meetings with legislators to express concern over HJR 6 and plan to be present at the Senate hearings, said Ali Puente, vice president of University Democrats.
"We will not let our representatives get away with putting hateful legislation into the constitution," Puente said. "We want them to know that will not go unnoticed."
Chisum added a section to the resolution that would end the currently-legal arrangement of domestic partnership between same-sex couples and the possibility of civil unions.
Domestic partnerships are legal in Travis County and other counties in Texas. It is by registration only, and legality is decided by municipalities and counties. Civil unions offer some of the same legal rights of marriage, which Chisum said was his reason for wanting the state to no longer recognize them as legally-binding arrangements.
"This is nothing less than a value statement that the Texas Legislature does not believe that same-sex couples are deserving of the same respect and dignity that married couples receive," said Colin Cunliff, field director for the Lesbian/Gay Rights Lobby of Texas.
Texas does not currently recognize civil unions between same-sex partners, though Vermont, California, Connecticut, Maine, Maryland, Hawaii, New Jersey and the District of Columbia do.
Without their unions protected by law, many partners will lose hospital visitation rights and placement on the other's insurance policies.
"This amendment is about intolerance," said Rep. Jessica Farrar, D-Houston. "Constitutions are generally liberating documents, but today we are writing discrimination into our constitution."
Chisum's defense of HJR 6 is that it does not discriminate against homosexuals because heterosexual couples would also be unable to participate in civil unions. Everyone can get married to a member of the opposite sex, he said.
The amendment will now move into Senate committee after the 101-29 vote in the House. If HJR 6 is passed in committee and receives final passage on the Senate floor, it will then be added to the Nov. 8 ballot to be voted on by Texas voters.
The Texas Constitution has been amended over 400 times since its adoption in 1876, and requires a two-thirds vote in both houses and a majority vote by the populace.
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