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Did Texas just de-recognize marriage ?

Fort Worth Star-Telegram ^ | Wednesday, November 18, 2009 | Dave Montgomery

Posted on by MetaThought

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.



(Excerpt) Read more at mcclatchydc.com ...

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Sounds like whoever wrote this amendment messed up big time.



To: MetaThought

So the problematic way to look at it would be this: "This state or a political subdivision of this state may not...recognize any legal status identical...to marriage."



by 2 posted onby xjcsa (And these three remain: change, hope and government. But the greatest of these is government.)

To: MetaThought

It’s clear as day to me. I guess it takes a lawyer’s “mind”.



To: MetaThought; 1riot1ranger; Action-America; Aggie Mama; Alkhin; Allegra; American72; antivenom; ...

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. Houston homosexual agenda ping



Comment #5 Removed by Moderator

To: ExGeeEye

it dosent say anything about gay marriage. There is no qualifier. it clearly bans the state from recognizing any contract related to marriage.



To: MetaThought

I’m not a lawyer, but I think this is a tempest in a tea pot. A sentence like this has got to be considered in context. Leaved it to a lawyer to try to muddy clear waters.



by 7 posted onby downtownconservative (As Obama lies, liberty dies!)

To: downtownconservative

Leave not leaved...fat finger syndrome.



by 8 posted onby downtownconservative (As Obama lies, liberty dies!)

To: skipper18

That's what I thought. It says "marriage in this state shall consist only of the union of one man and one woman," and "This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage." So there's only marriage, as defined, and no new (created) or adopted (recognized) status is allowed. So, what's the problem, again?



To: MetaThought

I was married in 2000. But I guess 2005 my marriage was null and void. Hmmm, I’ve been living in sin huh? Stupid, stupid, stupid! Fix it Texas!



by 10 posted onby Halls (Jesus is my Lord and Savior)

To: MetaThought

Barbara Ann Radnofsky is either an idiot, or is pushing an agenda. The amendment’s first subsection defines marriage. Only an attorney, or someone looking to muck things up can ignore the first have of this amendment and then claim Texas is banning marriage or will not recognize marriage. Clearly, (IMO) the second phrase is stating the State will nor raise or recognize something else (not involving a man and a woman) as a marriage. You may agree or disagree with the passage of the amendment but it is pretty clear in what is covered an not covered to me when I read it.



To: MetaThought

"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." " OK, so marriage as defined in the TX constitution is stated as clear as a bell here. 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." OK, so let's substitute marriage in this subsection with the declaration stated above ... This state or a political subdivision of this state may not create or recognize any legal status identical or similar to . So, what is not clear about that?



by 12 posted onby edh (I need a better tagline)

To: edh

“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.” “ OK, so marriage as defined in the TX constitution is stated as clear as a bell here. “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.” OK, so let’s substitute marriage in this subsection with the declaration stated above ... This state or a political subdivision of this state may not create or recognize any legal status identical or similar to the union of one man and one woman. So, what is not clear about that? Sorry for the last post I made...it wasn’t formatted properly.



by 13 posted onby edh (I need a better tagline)

To: MetaThought

Wrong. The language is clear. The homosexualist Rat AG candidate is trying to play games hoping to create a controversy where there is none.



To: MetaThought

Just a bunch of political candidates trying to cause a stir over nothing. More finger-pointing, ‘gotcha’ BS. “See what you homophobes did! In your zealousness to discriminate against the gayz, you destroyed marriage in Texas! OMG, that’s like so horrible!” SnakeDoc



by 15 posted onby SnakeDoctor ("Talk low, talk slow, and don't say too much." -- John Wayne)

To: MetaThought

Ba-ba-ba-ba-Barbara Ann.



by 16 posted onby JennysCool (My hypocrisy goes only so far)

To: MetaThought

So, party at Hooters, fellas? Hold on a second...crap! DAMN YOU, GRANDFATHER CLAUSE!



To: Halls

The Rat AG homosexualist wants you to think that. You can't read the second sentence in isolation. It's a basic rule of construction. The first sentence defines marriage. The second sentence says that the State cannot create any other relationship either identical to, or similar to marriage. It's very simple. The pervert AG candidate is attempting to rip the second sentence out of context. Typical rat libtard "thinking".



To: MetaThought

http://www.sos.state.tx.us/elections/voter/2005novconsamend.shtml Prop. 2 HJR 6 Chisum - Staples

Ballot Language

“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.”

“Enmienda constitucional que dispone que en este estado el matrimonio consiste exclusivamente en la unión de un hombre y una mujer y que desautoriza, en este estado o en alguna subdivisión política del mismo, la creación o el reconocimiento de cualquier estatus jurídico idéntico o semejante al matrimonio.” Brief Explanation

HJR 6 would provide that marriage in Texas is solely the union of a man and woman, and that the state and its political subdivisions could not create or recognize any legal status identical to or similar to marriage, including such legal status relationships created outside of Texas. Recognizes marriage. Prohibits the state and districts from establishing another construct identical or similar to marriage. Acknowledges marriage in our state. This is a frivilous bit of judicial activism that will cost the taxpayers money.



To: ExGeeEye

“I guess it takes a lawyer’s mind” Exactly...and a blatant disregard for the English language. The state may not create ... identical or similar to ... marriage. In other words ... another entity (implied) ... identical or similar to marriage (not marriage itself). Only a lawyer could try to find a gray area there. Vinson and Elkins usually hires bright people. I wonder what happened in this case.



by 20 posted onby willyd (Reducing Taxes Reduces our Carbon Footprint)

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