Sorry!;-) That happens to Me all the time.
transexuals could claim
That was the first thing that came to mind today when listening to Rush, he mentioned "all three sexes"(it was just hearing him use the phrase, it had nothing to do with what he was saying). I knew this was going to get ugly. Had it been struck on an equal protection basis as O'Conner wrote, it would not have had as far reaching implications.
"Marriage in the United States shall consist only of the union of, one natural male human with one "Y" and one "X" chromosome, and one natural female human with two "X" chromosomes." "
You stole my post. Better safe than sorry. If we don't mention the chromosomes, transexuals could claim they "became" female and thus can marry a man.
I think you two are a little unclear on the concept.
This wording would mean that a XY male who has undergone a sex-change operation -- including the surgical construction of a vagina and breasts, removal of facial hair, administration of female hormones, etc, someone who was born male but who lives and dresses and looks like a woman -- would be legally permitted to marry a woman.
Likewise, a woman who has undergone a similar sex-change to live, dress, and look like a man, would be able to marry a man.
For all outward appearances it would be a same-sex marriage, unless you did a genetic test or careful physical exam.
I guess what you guys need to figure out is whether it's the genetics or the appearances that principally concern you.