Quote:
Originally posted by Atticus Grinch
Aaargh! Maybe we're saying the same thing, but how can a state court, after ratification of this amendment, construe a state statute as creating a civil union? Statutes require things to occur, or compel executive officers to do things. A court construing this amendment in conjunction with a civil union law would strike the civil union law down.
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Here's a hypo:
Texas (this is a hypo!) passes a law that says in the state of Texas, two men may join in a union and that for all purposes under state law (e.g., inheritance, insurance stuff, state income tax (if there were any), making medical decisions) they would have the same rights as as spouses.
OK, I hear that some people (club?) are interpreting the amendment to allow this type of law. Others are reading this as prohibited. Is that correct?
If club is correct and this type of state law is permitted, what does a judge do if someone challenges the law? Under the amendment as written, can this state law be construed as requiring that same-sex couples get to enjoy the incidents of marriage?
