Respect State Constitution
AGN Editorial
April 30,2013
Forget reading all six pages of Texas Attorney General Greg Abbott’s opinion of whether school districts can offer the benefits of marriage to homosexual couples. It is all in the summary.
According to Abbott and the state constitution, government entities such as school districts cannot offer marriage benefits to same-sex couples. It is that simple — and those that choose to violate the state constitution should assume the legal risk.
Abbott provided the opinion Monday at the request of state Sen. Dan Patrick, R-Houston. (In related stories Tuesday, The Associated Press referred to Patrick as “tea party-backed,” although why this designation was relevant wasn’t clear, much less applied to equally well-funded lawmakers of other parties.)
Abbott’s summary at the end of the six-page opinion was clear: “Article I, section 32 of the Texas Constitution prohibits political subdivisions from creating a legal status of domestic partnership and recognizing that status by offering public benefits based upon it.”
In other words, there are cities and at least one school district — Pflugerville — that are potentially violating the state constitution by offering marriage benefits to same-sex couples.
As a reminder to those entities that want to choose which parts of the state constitution to follow, it was longtime state Rep. Warren Chisum, R-Pampa, that championed the 2005 constitutional amendment that states: “Marriage in this state shall consist only of the union of one man and one woman. This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.”
Those who oppose this constitutional amendment are free to propose rival legislation and proceed through the legislative process.
However, until this process is complete, the opinion of the attorney general, not to mention the Texas Constitution, should be respected.