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Is Anyone in Texas Actually Married?


TEXAS MARRIAGE POSTCARD X390 (POSTSECRET.COM) | ADVOCATE.COM

In 2005, Texas voters passed a constitutional amendment banning same-sex marriage. But a Houston lawyer now says the poorly worded 22-word clause might mean all marriages in Texas are now in limbo.

The amendment declares that "marriage in this state shall consist only of the union of one man and one woman." Barbara Ann Radnofsky, a Democratic candidate for attorney general, says the problem with the amendment is in the wording of Subsection B.

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

The people who worded the amendment included that language to ban same-sex civil unions and domestic partnerships in Texas. But Radnofsky says the wording effectively “eliminates marriage in Texas,” including common-law marriages.

Read the full story here.
 

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Reader Comments
  • Name: JeffreyRO5
    Date posted: 11/22/2009 11:12:58 PM
    Hometown: Royal Oak, MI

    Comment:

    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 are still alive, the legality of the marriage is suspect. And Part B of the Texas amendment says that the state can't create unions "similar or identical to marriage," which it defined in Part A as "between one man and one woman." Therefore, the state is free to create civil unions for same-sex couples, because these aren't similar or identical to marriage, which the state defines as "between one man and one woman"!

  • Name: Isabel
    Date posted: 11/19/2009 2:35:57 PM
    Hometown: Bastrop

    Comment:

    Woo hoo! Does that mean I file single and get way more back than I did this last year as a married person? Sounds good to me!

  • Name: Beau
    Date posted: 11/19/2009 2:02:41 PM
    Hometown: Los Angeles

    Comment:

    Oops! I guess this is what happens when fools rush in.

  • Name: Luke
    Date posted: 11/19/2009 9:49:38 AM
    Hometown: Florence, SC

    Comment:

    Interestingly enough I would support that solution to the gay marriage issue. If you do not wish gay couples to marry then ban marriage for everyone, no one could argue that it wasn't fair. Conservative religious couples could still have their religious ceremonies, gay couples could continue to have their ceremonies, but in legal reality none of it would have any true meaning in the eyes of the law. Truly fair, truly equitable, though of course we all know it would never happen I just would find that just as acceptable as granting all gay couples the right to marry.

  • Name: Anish
    Date posted: 11/19/2009 9:33:20 AM
    Hometown: Kerala

    Comment:

    What I dont understand is that how government can allow general public to vote on a matter regarding a minority communitiy. Eg. if you propose to make a law to kill all kafirs (other religions) in a taliban country, you will get majority endorsement. You can only blame the people for their foolishness.

  • Name: Scott
    Date posted: 11/18/2009 10:47:56 PM
    Hometown: Portland

    Comment:

    How funny it would be if they ducked themselves over!!! I would piss myself laughing at them so much! Would that mean George w and Laura aren't legally married now? So we had a president for 8 painful years who wasn't legally married? Seriously you know the conservatives will find a way to worm out of this.

  • Name: steve
    Date posted: 11/18/2009 10:22:56 PM
    Hometown: albuquqerque

    Comment:

    Well, I really think they have cut off their hetrosexual penises to spite their hetrosexual vaginas! It is gonna be a funny to see them split up all of their "Community Property" Their wills are void since they are no longer married! Wow! Yes let's do call the IRS on all hetrosexual unions! Let then pay an increase in taxes! They need to replace the "Lone Star State" with the "Lone Dong State!" And to know now all of those good ol' married bubbas that use squirt to hook up are really not cheatin' now in TEXAS!

  • Name: Carol
    Date posted: 11/18/2009 7:19:12 PM
    Hometown: MO

    Comment:

    Has Texans cut their noses off to spite their faces?

  • Name: dieter
    Date posted: 11/18/2009 3:41:39 PM
    Hometown: sacramento

    Comment:

    Funny enough to find out that while ANY marriage is now illegal in Texas, that it IS still legal to have sex with animals there! So Texas is now OFFICIALLY this nations POOR WHITE TRASH CAPITAL!!! barely beating out Florida. close behind: Mississippi,georgia,ohio,kansas ,kentucky,louisianna,montana,nebraska, and arkansas.

  • Name: Mel
    Date posted: 11/18/2009 3:41:12 PM
    Hometown: ohio

    Comment:

    I hope the state of Texas and the IRS revists all tax returns and calculate according to the legal status of all people in Texas. Stimlus anyone?



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