I totally agree with you, this law is trying to dictate who a priest or minister can marry. As long as the couple doesn’t take out a marriage license I think that the state should not get involved.
The other part of the law about knowingly falsifying information when applying for a marriage license I think is aimed at transgender people. There have been a number of states that have brought charges against trans-people whose driver license, passport and social security all listed their true gender but their birth certificate still listed their birth gender.
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@DianaCT I doubt that the falsifying part is specifically aimed at the transgender community, but it's clear that those in that community are likely to be the biggest targets, even if that was unintentional. I suspect that the falsifying part is more aimed to prevent one member of a same-sex couple of just pretending to be the opposite gender to fill out the form.
The questions that arise in a transgender situation are probably too complex for lawmakers to even have realized, much less given much consideration to.
@patricksplace@DianaCTIn Florida, Kansas and Texas there have been court cases about transgender marriages. In Kansas their Supreme Court ruled that trans-people cannot marry at all. In Texas the courts have ruled that the insurance company did not have to pay death benefits to a widow because her birth gender was male and therefore she couldn't have been legal married in Texas (They were legally married in California where they lived at the time and moved to Texas a number of years later.). In Virgina a transgender woman was arrested for falsifying her gender on her driver license.
There is a bill in the Texas legislature,
"For a state that gives a lot of lip service to individual liberty, Texas state legislators seem to go out of their way to find ways to restrict LGBT rights. The latest: a bill designed to make it harder for transgender people to marry."
Senate Bill 1218 would require people to present photo ID to obtain a marriage license. It’s not because the bill’s sponsor, State Sen. Donna Campbell, believes that only heterosexuals are drivers. It’s that the bill would stop transgender people from using an affidavit of sex change to get a marriage license to marry an opposite-sex partner. Because nothing says liberty more than changing the law to restrict rights.http://www.queerty.com/texas-bill-would-limit-transgender-marriage-rights-20130517/