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However, since "domestic legal union" was untested language in the courts, the issue was considered likely to face litigation to determine what the actual meaning would be and how it would be implemented.
The amendment did not prohibit domestic partnership agreements, but defined male–female marriage as "the only domestic legal union" considered valid or recognized in the state.
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Ten House Democrats voted "aye": William Brisson, James W. The sections of the bill were: "Marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in this State.
Crawford, Jr., Elmer Floyd, Ken Goodman, Charles Graham, Dewey L. This section does not prohibit a private party from entering into contracts with another private party; nor does this section prohibit courts from adjudicating the rights of private parties pursuant to such contracts." Specify that the amendment will become effective when it is certified by the Secretary of State.
Although there are legal documents that can help protect medical and financial security (power of attorney, living will, medical power of attorney), these could have been contested in court based on the argument that they recognize a domestic legal union between the two parties.