Is Anyone in Texas Actually Married

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.

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