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Democratic AG candidate says constitutional amendment eliminates all marriages in Texas
November 18th, 2009
- Barbara Ann Radnofsky
You gotta love Barbara Ann Radnofsky. Why? Well, first of all, she’s basically accusing Texas Attorney General Greg Abbott of being a complete idiot.
Radnofsky, who’s running for AG as a Democrat in 2010, claims Texas’ constitutional amendment banning same-sex marriage, approved by voters in 2005, actually invalidates all marriages in the state because of the way one of its clauses is worded, The Star-Telegram reports today. And Radnofsky blames Abbott, a Republican who’s been a strong supporter of the amendment, for not catching the error. The clause was designed to prevent same-sex domestic partnerships and civil unions, but Radnofsky says it actually opens the door to all sorts of marriage-related legal action. Here’s the clause she’s referring to, with key words bolded:
“This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.”
Radnofsky, who worked for a powerful Houston law firm for decades before retiring a few years ago, calls the clause a “massive mistake” that “eliminates marriage in Texas.” She blames Abbott and says he should acknowledge the error and apologize. She also says another constitutional amendment might be required to fix it. She says she voted against the amendment anyway and didn’t realize the mistake until she started closely studying the Texas Constitution in preparation for her campaign.
“You do not have to have a fancy law degree to read this and understand what it plainly says,” Radnofsky tells The S-T. “Whoever vetted the language in [clause] B must have been asleep at the wheel.”
Radnofsky is scheduled to appear at 6:30 tonight at the Tarrant County Young Democrats Gubernatorial Forum at TCU. But I don’t even need to go. She’s already got my vote.
Tags: 2010 election, Attorney General, Barbara Radnofsky, Greg Abbott, Proposition 2, same-sex marriage, Star-Telegram
November 18th, 2009 at 4:30 pm
I love Barbara! Now that nobody is married, maybe we need to reevaluate the whole thing. Marriage should be a religious sacrament, civil unions should be the legal status for all.
November 18th, 2009 at 11:15 pm
Logic and rational solutions that allow everybody to be happy? Say it ain’t so Hardy!
November 19th, 2009 at 12:32 am
I remember this was brought up prior to the amendment being voted on. Another prominent attorney, whose name escapes me, but was a conservative Republican, said he was against the amendment, not because he was in favor of Gay marriage, but because the way it was worded would affect heterosexual marriages just as is being claimed now, but the AG took the position way back then that it did not effect heterosexual marriages. Glad someone is bringing it up again. I agree with Hardy, and have said it many times, marriage should be a religious sacrament, civil unions should be the legal status for all. There is currently a case pending by a heterosexual couple, again can’t remember where, fighting a legal battle to have a civil union versus a marriage. Maybe they will be the beginning of the end of marriage as a legal status.
November 20th, 2009 at 5:07 am
Love it. Republicans and the religious taliban in this country want the government to interfere in human relationships and this is what happens. I’m glad.
November 22nd, 2009 at 8:23 pm
In addition to Texas, Louisiana, Arkansas, Kentucky, Virginia, Ohio and Wisconsin have also outlawed marriage.
Tennessee has outlawed marriages that don’t meet historical requirements, presumably a virgin bride, no sex outside of marriage and partners until one of you dies. So in Tennessee, if the wife wasn’t a virgin on her wedding day, if either partner has had sex outside of marriage, and if both of you is still alive, the legality of the marriage is suspect.