Action Alert: Texas Legislature Mulls Voiding Marriages, And One In Particular

[Shana A]

Action Alert: Texas Legislature Mulls Voiding Marriages, And One In Particular
Filed by: Dr. Jillian T. Weiss
May 10, 2011 9:30 AM

http://www.bilerico.com/2011/05/action_alert_texas_legislature_mulls_voiding_marri.php

Texas law allows transsexual and intersex individuals to get married upon the presentation of a court order recognizing sex reassignment.

This change honors the self-identification rather than basing access to marriage licenses on sex assigned at birth. The Texas Senate is considering Senate Bill 723 to prevent district clerks from accepting the court order recognizing a sex change.

[...]

SB 723 appears to be a mean-spirited attempt by Texas Senator Tommy Williams aimed straight at Nikki's heart. The bill was thought to be sidelined for the year, but it appears there is a last-minute attempt to sneak it through. Don't let it happen!

[Ann Onymous]

It does none of what the article claims.  Further, it would NOT nullify a marriage that took place prior to the passage of the legislation.  ALL that 723 does is remove the ability to use a piece of paper containing no photograph from being the document accepted by the Clerk at the time one applies for the license. 

What I am curious about is why NOBODY seems willing to answer the question of WHY someone with the court order would not have changed their drivers license and used the DL as identification (especially since it is at the top of the list for acceptable documentation and proof of ID).  HB3098 is an even better bill in that it would remove ALL documents from the list that did not contain a photograph (to include birth certificates). 

Read the legislation...the actual text of the bill.  It does NOTHING to preclude someone who has appropriate documentation from getting married. 

[Lisbeth]

What I find disturbing is the idea that the legislature can make a rule that invalidates an entire class of court order. Where in legal tradition, the courts have been the arbiters of the legislature, this places the legislature over the courts. (A typical right-wing cry of "stop legislating from the bench" is expected at this point.)

[Ann Onymous]

What I find disturbing is the idea that the legislature can make a rule that invalidates an entire class of court order. Where in legal tradition, the courts have been the arbiters of the legislature, this places the legislature over the courts. (A typical right-wing cry of "stop legislating from the bench" is expected at this point.)

Perhaps because it does not invalidate the court order...all it does is remove the Order as a document used to prove identity.  SB723 does NOTHING to preclude the use of the Order to change other documents that DO satisfy the Family Code requirements for proof of identity.  A non-photo ID should NEVER have been permitted for proof of identity...use of the court order is in the same category as offering up an insurance policy or motor vehicle title (both of which are ALSO acceptable proofs of ID under current Texas law but would be removed under HB3098 [the better piece of legislation]).