Exactly. The key word here is “create”. Since a legal definition of “marriage” exists and has existed for centuries, there is no creation in continuing to recognize marriage.
“Exactly. The key word here is ‘create’.”
Except, of course, that it goes on to say “or recognize.” That includes things that are already created.
I don’t think this is going anywhere in Texas, because it’s pretty clear what the intent was, but it sure was worded clumsily.