With their hate against Gays, Has Texas Banned All Marriages?

[DearAbby]

Texas' gay marriage ban may have banned all marriages

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.

"You do not have to have a fancy law degree to read this and understand what it plainly says," said Radnofsky, who will be at Texas Christian University today as part of a five-city tour to kick off her campaign.

'Entirely constitutional’

More: http://www.mcclatchydc.com/homepage/story/79112.html

____________________________________________

Link to law here: http://www.lrl.state.tx.us/legis/constAmends/amendmentDetails.cfm?amendmentID=613&sort=bill&caption=marriage


Prop. 2 – The constitutional amendment providing that marriage in this state consists only of the union of one man and one woman and prohibiting this state or a political subdivision of this state from creating or recognizing any legal status identical or similar to marriage.

Outcome: Adopted

Election date: 11/08/2005

[Politicub]

1. It's clearer than the second amendment

LOL!!!

:rofl:

[DearAbby]

2. >>> identical or similar to marriage????

[MineralMan]

3. OK, that's it. Marriage is done in Texass.

[TlalocW]

4. This would be great just from an irony standpoint

I remember being in college in the mid 90s at Pittsburg State in southeast Kansas and reading the Kansas City Star every day. They covered both Kansas and Missouri news, and once, the Missouri state legislature apparently passed a bill so ridden with overly-flowery language that professional linguists were brought in to decipher it after it had passed into law, and it turns out they had outlawed sex.

TlalocW

[Nikki Stone1]

5. OMG. LOL!!!!!!!!!

"the Missouri state legislature apparently passed a bill so ridden with overly-flowery language that professional linguists were brought in to decipher it after it had passed into law, and it turns out they had outlawed sex."


:rofl:
:rofl:
:rofl:
:rofl:
:rofl:

[MineralMan]

6. Hell, let's enforce that MO law rigorously.

[Nikki Stone1]

7. Oh, yes.

I want to be the one to do that.

Just the joy of decoupling bigots will make my day!

:rofl:

[MineralMan]

8. A good garden hose connected to a faucet would do the trick.

It works on dogs...it would probably work on folks from Missouri, I'd think.

[Mari333]

9. LOL

thank you kindly for that image.

[TlalocW]

10. That's the funny thing...

I think the sex bill had something to do - originally - with tightening up laws regarding public sex.

TlalocW

[Nikki Stone1]

11. And VERY cold water.

:headbang:

:fistbump:

:nuke:

[Manifestor_of_Light]

12. Oh goody, a tautology.

Marriage = condition identical to marriage not to be recognized.

Hmm, that means good old common-law marriage isn't legal either???


Barbara Radnofsky is a very bright woman. I went to college in the mid 1970s with her, at the University of Houston (Gigantic state school). I knew her two brothers, Kenneth and Stuart, as well. Very nice family and all extremely bright people.

Since she's been a lawyer for decades, I'll take her interpretation of a badly drafted bill. It's amazing how idiot politicians, especially if they are not lawyers, can write all sorts of unenforceable laws.

When I was in law school, I took a 3 hour course called "Legislation" which was about how to write laws properly.

[Nikki Stone1]

13. + 1

:)