The thing is, is that state legislation can easily be overturned by federal mandate, if it wishes to enforce their will. As it stands, Texas, like California, won't easily be able to keep such laws if the senate/president decide otherwise. These types of laws won't necessarily go away if we ultimately decide gay marriage should be legal on a federal level, they usually just vanish in time. Of course there are a lot of laws that are still on the books in many states that go against federal legislation, however they can't stand up even at a circuit court level. Yes, this legislation does expose a loophole, but it's ultimately useless if a gay marriage act is passed. I find it cute, but quaint.