- The Washington Times - Thursday, November 3, 2005

AUSTIN, Texas (AP) — Opponents of a proposed constitutional amendment to ban same-sex “marriage” in Texas have a message for you: The proposition could mean trouble for marriage between a man and a woman.

With telephone calls, e-mail and Internet postings, homosexual rights activists and others opposed to Proposition 2 are spreading that idea as part of their long-shot battle to derail the measure in Tuesday’s election.

The tactic has supporters of the same-sex “marriage” ban crying foul. It has opponents boasting that they may have a chance at defeating the measure — in Texas, of all places, the conservative home state of President Bush.

“We are making a horse race out of it for the first time in any state,” said Glen Maxey, an openly homosexual former legislator directing the opposition group No Nonsense in November. The group argues that the ban could interfere with all marriages.

Eighteen states have approved constitutional bans on same-sex “marriage.” Massachusetts is the only state that has legalized it, while Vermont and Connecticut allow civil unions between same-sex couples.

In Texas, the latest round of recorded phone calls by opponents of the proposed ban on same-sex “marriage” led Texas Supreme Court Justice Nathan Hecht, whose comments were used in one, to issue a public statement yesterday denouncing the calls as deceptive and false.

He said his comments were used out of context in the phone advertisement and that he has not taken a position on the proposed amendment because it might come before his court.

“As a judge, I cannot take a public position of any kind on the amendment, and I have not done so,” said Justice Hecht, a Republican who made news recently in defending former U.S. Supreme Court nominee Harriet Miers, an old friend.

Mr. Maxey, though, said the calls were not deceptive.

“They tell people that the language is sloppy and ask them not to risk a judge using those words to ban marriage as we know it,” Mr. Maxey said.

Opponents say state law already does not recognize same-sex “marriage.” They also point to the language of the proposed amendment prohibiting the state from “creating or recognizing any legal status identical or similar to marriage.”

That wording, they say, could be interpreted as invalidating traditional marriage.

Amendment supporters say approving the constitutional amendment would prevent any judge from ever allowing same-sex “marriage” in the state and would show the value Texas places on heterosexual marriage.

Republican Gov. Rick Perry supports the measure and has spoken out on it several times, even holding a ceremonial signing of it over the summer at a church school.

“It’s pretty simple for me. … I’m a Christian, and this is about values,” Mr. Perry said. “My beliefs are that a man and woman are what make up the meaning of marriage.”

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