Nobody’s Married in Texas

Our lovely culture warriors have struck the stupid post again it seems.  Barbara Ann Radnofsky, who ran against Kay Bailey Hutchison for Senator the time Hutchison had promised she wouldn’t run, is now running for Texas Attorney General and she has looked into the silly amendment to the Texas Constitution passed in 2005 and is pointing out how silly it is.  Via McClatchy:

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.

To me, this looks like over-reach on the part of the American Taliban.  It’s also a good stick to poke at them in the debates that will proceed the vote next year.

I remember going out into the parking lot at work and finding a couple of guys putting flyers on cars about the amendment back then.  I easily ran them off even though they could have proclaimed their right to be there.  They were just lackies for the people paying their checks.  These same people were asleep at the beginning of the Houston mayor’s race and have only woken up because Annice Parker made such a good show.  First they trashed their only possible candidate for losing, after having done nothing for him.  Then they have attacked the person they underestimated — through their fault only.  They are simple-minded and short-sighted as well.

I’m proud that Radnofsky is already out there working for the office she seeks.  She’s more than qualified and this is a good start.

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2 responses to “Nobody’s Married in Texas

  1. It would be interesting to see an Attorney General who interprets that amendmentsas written. This is better than the California initiative to save marriage by outlawing divorce.

    Will everyone married after the amendment pass have to jump through the legal hurdles gays do to get property and parental and survivorship? Will they be unable to file joint tax returns and receive social security benefits for their “spouses”?

    That might open a few minds

    • I’ve been thinking along those lines as well. However, I think that this could only be tested in the reverse. Let’s say someone who was married by common law — which we have here in Texas — decides to dump his/her spouse and denies any communal property rights based on this law outlawing marriage in the state.

      I can’t see any level of government using the law against individuals — unless of course they are gay.

      While this is Texas, I guess there is hope. As a piratical matter, Radnofsky got her name out there and that’s always good.

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