Proposing a constitutional amendment to repeal the constitutional provision providing that marriage in this state consists only of the union of one man and one woman and prohibiting this state or a political subdivision of this state from creating or recognizing any legal status identical or similar to marriage.
Impact
If enacted, HJR78 would lead to profound changes in state laws regarding marriage and family rights. By repealing the existing constitutional provision, it would pave the way for legal recognition and protection of same-sex marriages under Texas law, aligning state legislation with evolving societal norms related to marriage. This amendment could potentially overturn previous legal obstacles faced by LGBTQ couples in Texas and increase their access to rights traditionally associated with marriage, such as tax benefits, inheritance rights, and spousal support.
Summary
HJR78 proposes a significant constitutional amendment to repeal the provision in the Texas Constitution that defines marriage strictly as the union between one man and one woman. The intent of this amendment is to facilitate equality in marriage rights, including the possibility of legal recognition for same-sex marriages and partnerships. The resolution outlines that not only would the current definition be abolished, but it also seeks to prohibit the state or its subdivisions from recognizing any legal statuses that would be treated similarly to marriage. This bill, therefore, positions itself firmly in favor of expanding marriage rights and promoting inclusivity for all couples within Texas.
Sentiment
The reception of HJR78 is likely to be polarizing. Proponents of the bill, which could include many advocacy groups and citizens advocating for LGBTQ rights, view it as a necessary step towards equality and justice. They argue that the bill addresses longstanding issues of discrimination and inequity in marriage laws. Conversely, opposition may arise from conservative factions and groups that believe in the traditional definition of marriage. These opposing viewpoints represent a broader cultural and ideological conflict within Texas regarding family law and personal freedoms.
Contention
The primary contention surrounding HJR78 lies in the societal implications of redefining marriage in the state of Texas. Supporters assert that repealing the marriage definition will foster equality, while opponents argue that it undermines traditional values. There may also be concerns regarding the potential for pushback from local jurisdictions in implementing changes that align with the new law, as well as the potential for legal challenges that could arise following the amendment's adoption. The outcome of HJR78 will resonate beyond legal implications, as it is intertwined with cultural attitudes toward marriage and family structures in Texas.
Enabled by
Relating to authorizing a marriage between two persons of the same sex in this state and repealing the statutory prohibition against the recognition of a civil union or similar relationship entered into in another state between two persons of the same sex.
Identical
Proposing a constitutional amendment to repeal the constitutional provision providing that marriage in this state consists only of the union of one man and one woman and prohibiting this state or a political subdivision of this state from creating or recognizing any legal status identical or similar to marriage.
Proposing a constitutional amendment to repeal the constitutional provision providing that marriage in this state consists only of the union of one man and one woman and prohibiting this state or a political subdivision of this state from creating or recognizing any legal status identical or similar to marriage.
Proposing a constitutional amendment to repeal the constitutional provision providing that marriage in this state consists only of the union of one man and one woman and prohibiting this state or a political subdivision of this state from creating or recognizing any legal status identical or similar to marriage.
Relating to the prohibition of face covering mandates by this state and political subdivisions of this state in response to the COVID-19 pandemic; providing exceptions.
Relating to certain statutory changes to reflect and address same-sex marriages and parenting relationships and to the removal of provisions regarding the criminality or unacceptability of homosexual conduct.
Relating to certain statutory changes to reflect and address same-sex marriages and parenting relationships and to the removal of provisions regarding the criminality or unacceptability of homosexual conduct.
Relating to the identification of constitutional or statutory provisions of this state that have been invalidated or otherwise limited by a state appellate court.
Proposing a constitutional amendment to repeal the constitutional provision that prohibits the appropriation of state money or property for the benefit of any sect, religious society, or theological or religious seminary.