November 18, 2009 5:48 PM

Oops: Did Texas Ban Marriage?

By
Brian Montopoli
Topics
In The News
(AP / CBS)
Texas lawmakers wanted to make sure gay people couldn't be married. Instead, it seems, they may have made sure no one can.

The Fort Worth Star-Telegram has the story. Here's what happened: In 2005, Texas voters and the state Legislature approved a Constitutional amendment to ban gay marriage.

But the amendment included the following clause, which was reportedly designed to ban civil unions and domestic partnerships: "This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage."

One thing that is "identical…to marriage," of course, is marriage. And Texas Attorney General candidate Barbara Ann Radnofsky, a Democrat, is arguing that the current Attorney General, Republican Greg Abbott, made a "massive mistake" in allowing the language.

"You do not have to have a fancy law degree to read this and understand what it plainly says," she said, according to the Star-Telegram. She called on Abbott to acknowledge the error and consider apologizing.

Abbott says the clause isn't a problem. His spokesman declined to directly address Radnofsky's charges but said the statute is Constitutional. A representative of the group that helped draft the amendment, meanwhile, said a lawsuit based on the wording had little chance of being successful.

But Radnofsky suggested the language clearly bans all marriage.

"Whoever vetted the language in [the clause] must have been asleep at the wheel," she said.

Add a Comment See all 52 Comments
by MBlakemore December 2, 2009 7:18 PM EST
LMAO. ******* red necks xD
Reply to this comment
by spiffented December 1, 2009 6:20 PM EST
Wow. And I thought we couldn't get any worse than Bush.
Apparently ALL of our politician's are on drugs. ;O
Reply to this comment
by Anarcissie November 23, 2009 11:07 AM EST
In Texas, no one cares about the law. The point is to be as nasty as possible to homosexuals, and thus show Christian hate.

Don't sweat the small stuff, like the law. Hate is the thing.
Reply to this comment
by JeffreyRO5 November 22, 2009 6:16 PM EST
Arkansas also banned marriage. And Tennessee outlawed existing marriages that don't meet the historical definition of marriage, such as having a virgin bride, no sex outside of marriage and a lifetime commitment! A whole bunch of folks in Texas, Arkansas, and Tennessee think they're married but their marriages aren't legal!!
Reply to this comment
by ibzjem November 21, 2009 4:29 PM EST
The declaration of independence makes the claim "All men are created equal." Our federal government was founded on that belief. Unfortunately the states have spent over 200 years fighting against the very idea.
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by anchoragemichael November 21, 2009 3:41 PM EST
Well, the conservative, neo-con right-wingers have never been accused of being very smart...
Reply to this comment
by ibsteve2u November 21, 2009 2:43 PM EST
Take out the equivalencies like you would in a court of law, and

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

becomes

"This state ... may not ... recognize any legal status identical ... to marriage."

Not fair at all, though, to illegitimatize all native-born Texans with one stroke of the pen.

It is only Texas' prominent Republicans who strive to convey the impression that they are b@st@rds.
Reply to this comment
by Turbidite November 21, 2009 2:35 PM EST
We'se jus' takin' a little break from marriage. Everbody's jus' a little tar'd from it. We'll be back soon with a bigger and better marriage law soon.
Reply to this comment
by Xamkr November 21, 2009 11:35 AM EST
In their effort to fight the gays they'll next ban breathing, happiness.
Reply to this comment
by moddaywar November 21, 2009 12:34 PM EST
Everyone should calm down. I believe the point the candidate is making is not about gay marriage but about the current AG making a stupid mistake. That being said, this is America where people are suppose to have certain "freedoms" allowed them. I personally could care less whether gay marriage is allowed or not. I think we should have a national vote on the subject. What is a Real American? Grow up. I think we should spend just as much time on religion as we spend on gay marriages. Religion is being thrown by the wayside and I believe that is a much larger issue because everyones religious freedoms are being trampled on.
by thesevenveils November 21, 2009 10:46 AM EST
Texas - The spawning place of the most liberally applied conservatitism in the 50 states.

Republicans are the new Liberals - they want to liberally change the laws and the US Constitution in order to make their religious beliefs and practices made into law. There is NO SUCH A THING AS A CONSERVATIVE REPUBLICAN!
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