In my story for today’s Voice about the gay divorce case out of Austin, I mentioned that Democratic AG candidate Barbara Ann Radnofsky has said she believes our constitutional amendment banning same-sex marriage could actually invalidate ALL marriages in Texas, due to the way it’s worded. Radnofsky blames incumbent Republican Greg Abbott for not catching the error.
Now, Radnofsky has penned a piece for The HuffPo in which she explains why she believes Abbott’s arguments against same-sex DIVORCE are based on a misinterpretation of state law. Radnofsky holds that while the constitutional amendment applies to marriage, divorce is governed by the Family Code. Here’s a snippet:
The Texas AG is mis-using his office for a partisan, political wedge-issue gain. And, he is mis-stating the law of Texas.
1. Divorce is not the same issue as gay marriage, which is governed by Texas statute, regardless of the Constitutional issues concerning non-recognition of gay marriage. Gay people can be married in certain states. Texas divorce law is controlled by the Texas Family Code Section 1.103.
“The law of this state applies to persons married elsewhere who are domiciled in this state.” Texas Family Code Section 1.103. So, the law of Texas clearly applies Texas law to “persons married elsewhere.” Gay people are persons. Texas law would apply to any Texas domiciliaries seeking a divorce. The language is clear. This Texas law doesn’t apply to “marriages;” rather it applies to “persons.”
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