Reported by Crystal Mazza of News 4 WOAI:SAN ANTONIO -- Have state lawmakers accidentally banned marriage in Texas? That's what some are arguing.
Controversy is swirling over a constitutional amendment that may not only ban same-sex marriage, but all marriages.
"When we looked at this section, and we could see it would apply to heterosexual couples, it was sad," said attorney-at-law Deanna Whitley.
Whitley is talking about Article 1; Section 32 of the Texas Constitution. The amendment was added in 2005 to ban same-sex marriage. But some say the language is too vague, never actually specifying gay marriage.
"This state may not create or recognize any legal status identical or similar to marriage. It outlaws marriage," Whitley argues.
Whitley says it is an issue that will certainly arise in divorce court, possibly causing some spouses to lose financial rights. And what could this mean for children of heterosexual couples?
"It places heterosexual couples in the same circumstance as gay and lesbian couples find themselves in today," explained Whitley. "That is legal limbo."
But not everyone agrees. Senator Carlos Uresti calls Whitley's interpretation a "ridiculous argument." Senator Jeff Wentworth says it's "preposterous," adding, "the amendment does not ban straight marriage. Give me a break."
Some attorneys say the controversy is far from over. They expect the argument to pop up in courtrooms across Texas, and not to be resolved until it lands in the lap of the U.S. Supreme Court.
