It's Illegal To Get Married In Texas

Not just gay marriage, mind you - all marriage. From the Fort Worth Star-Telegram:

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... "It's a silly argument," said Kelly Shackelford, president of the Liberty Legal Institute in Plano. Any lawsuit based on the wording of Subsection B, he said, would have "about one chance in a trillion" of being successful.


Talk about your marriage equality! Practically speaking, Shackelford is probably right, but the wording is the wording, and I almost hope that Radnofsky is correct. I'm of the mind that replacing government marriages with civil unions for all, thus leaving the word and "tradition" of marriage solely to religion, might just be the right way to go. It would be absolutely hilarious if Rick Perry and Co. were the ones to accidentally open that door. Irony is a dish best served cold, with finger sandwiches and wedding cake.

Tags: Gay Marriage, gay rights, texas (all tags)


1 Comment

Re: It's Illegal To Get Married In Texas

IANAL, but I think the legal case could be made that since there is no testing requirement in any of these amendments, no marriage is actually valid.  There is case law where someone had a sex change (male to female) and when her husband died, the family sued to have the court hold that they weren't legally married and set aside the surviving spouses inheritance.  The case was in Texas or Oklahoma IIRC.

by Demo Dan in Dayton 2009-11-18 03:42PM | 0 recs


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