Texas' gay marriage ban may have banned all marriages

[babylonsister]

Oops!

Texas' gay marriage ban may have banned all marriages

By Dave Montgomery | Fort Worth Star-Telegram


AUSTIN — Texans: Are you really married?

Maybe not.

Barbara Ann Radnofsky, a Houston lawyer and Democratic candidate for attorney general, says that a 22-word clause in a 2005 constitutional amendment designed to ban gay marriages erroneously endangers the legal status of all marriages in the state.

The amendment, approved by the Legislature and overwhelmingly ratified by voters, declares that "marriage in this state shall consist only of the union of one man and one woman." But the troublemaking phrase, as Radnofsky sees it, is Subsection B, which declares:

"This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage."

Architects of the amendment included the clause to ban same-sex civil unions and domestic partnerships. But Radnofsky, who was a member of the powerhouse Vinson & Elkins law firm in Houston for 27 years until retiring in 2006, says the wording of Subsection B effectively "eliminates marriage in Texas," including common-law marriages.

She calls it a "massive mistake" and blames the current attorney general, Republican Greg Abbott, for allowing the language to become part of the Texas Constitution. Radnofsky called on Abbott to acknowledge the wording as an error and consider an apology. She also said that another constitutional amendment may be necessary to reverse the problem.

more...

http://www.mcclatchydc.com/251/story/79112.html

[JonQ]

1. Ahahahah

Whoops!

[havocmom]

2. LOL When wingers push hot buttons instead of using their brains....

Somewhere in the great Hereafter, Ann Richards and Molly Ivins are laughing their asses off.

:popcorn:

[Christa]

3. Snicker, snicker

:popcorn:

[Cirque du So-What]

4. What a shame that Abbott et al can't be sued personally

Instead, the state of Texas will be on the hook for civil damages when the inevitable cases involving marriage, divorce, remarriage & inheritance come to trial. Pisses me off when public funds get wasted on battling same-sex marriage, but it's even more galling when the RW assholes fuck things up and cause the state to spend money on legal proceedings instead of providing for the commonweal.

[Chemisse]

5. And they thought gay marriage was going to ruin marriage - LOL.

[Unvanguard]

6. If only judges interpreted law literally! The result here would be hilarious. n/t

[Ozymanithrax]

7. So all those Texans are living in sin and giving birth to bastards.

That's funny, I don't care who you are.

[cloudbase]

8. Guess I'm one of them.

After 31 years, the 'former' Mrs. Cloudbase is going to raise holy hell. I think we'll stay shacked up, though.

[Canuckistanian]

9. OMG, think of all the fornication going on in Texas RIGHT NOW

It's enough to make you fall to your knees.

Er... that didn't come out right.

[Festivito]

10. How long did it take them to read those two sentences?

:rofl: Has it been a couple of years since we told them about this? :rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl:

[anonymous171]

11. We should do this in more states. Civil Rights for all or Civil Rights for none. nt