A proposed Texas
constitutional amendment to ban same-sex marriage pits
conservatives against gay rights activists in an
increasingly contentious campaign. Voters on November
8 will decide whether the state's constitution should
define marriage as the union of only a man and a
woman. It's the latest vote in a years-long battle over the
definition of marriage.
Approving the amendment limits any judge from
ever allowing same-sex marriage in the state, say
proponents of the amendment, known as Proposition 2.
"Marriage is the foundational structure of society,"
said Kelly Shackelford, a leader of Texans for Marriage.
Opponents say they can defeat the measure,
however. "We are making a horse race out of it for the
first time in any state," said Glen Maxey, a gay
former legislator directing the opposition group No Nonsense
in November. "I believe there's a shot to win it."
Proposition 2 represents the highest-profile
item on the statewide ballot, coming in a year when
there's no national election to frame the debate and
to drive more voters to the polls. Eighteen states have
approved constitutional bans on same-sex marriage. A
constitutional ban on same-sex marriage would not stop
homosexual relationships but would show the value
Texas places on heterosexual marriage, Shackelford said.
"People do whatever they want," he said. "It's just the
state is recognizing there is a relationship
[traditional marriage] that is special. If you
redefine it, you actually destroy it."
Opponents call the amendment unnecessary since
state law does not recognize same-sex marriage. They
label the amendment a poorly drafted statement of
discrimination that could even interfere with the legality
of traditional marriage. Opponents point to the language of
the proposed amendment prohibiting the state from
"creating or recognizing any legal status identical or
similar to marriage." A judge, opponents say, could
interpret the wording to invalidate traditional or
common-law marriage between a man and a woman.
Texas attorney general Greg Abbott issued an
opinion Thursday saying that argument "is wholly
without merit."
Rep. Warren Chisum, a Pampa Republican who
sponsored the measure, said great care went into
writing the proposal and that opponents are merely
relying on scare tactics. "I think they're a little bit
desperate," Chisum said.
Republican governor Rick Perry supports the
measure and even did a ceremonial signing of the
proposed amendment at a church school, though his
signature wasn't required. "It's pretty simple for me....
I'm a Christian, and this is about values," Perry said
at an appearance last week in Fort Worth. "My beliefs
are that a man and woman are what make up the meaning
of marriage."
The state ballot includes eight other
propositions. If turnout is low, typical for
constitutional amendment elections, it could help Prop 2
opponents if they get their voters to the polls. Travis
County, home to Austin and more liberal voters, is
viewed as the opponents' stronghold. Supporters of
Prop 2 want a larger-than-usual turnout statewide because
Texas as a whole is conservative.
Charlotte Flynn, 86, a coordinator with Gray
Panthers, a senior citizens group that opposes the
marriage ban, said she and her husband don't want
their marriage jeopardized by the faulty wording of the
amendment. And they don't want discrimination against
gays. "I am a Christian, and my belief is God loves
everybody on this earth," she said.
Ministers are lining up on both sides. Texans
for Marriage touts pastors from across Texas who
endorse the proposition. The group's Web site includes
a videotaped speech from Dave Welch, executive director of
the Houston Area Pastor's Council. He cites biblical
reasons to support the amendment and to honor "the
marriage bed."
Some clergy members oppose the amendment. A
telephone recording put out by opponents included the
voice of the Reverend Thomas Heger, a Presbyterian
minister in San Antonio who urged a vote against the
proposition. Prop 2 supporters called the phone messages
misleading and criticized the opponents' use of the
phrase "God bless you" to end their calls.
Shackelford said it seemed to be an effort to
confuse people to keep them from voting.
Maxey rejects the idea that clergy members can
be on only one side. "Why do they think a minister or
a person of faith doesn't have the ability to think
that discrimination is wrong?" he said.
No matter what happens Election Day, Chisum said
he'll be satisfied the people of Texas have their say.
"Whatever it is," he said, "we can live with that."
(AP)
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