Are All Texas Marriages Void? Poorly Worded Amendment Raises the Question
A candidate for Texas attorney general says a state constitutional amendment is so poorly worded that it calls into question the legal status of all marriages in the state.
The Democratic candidate, Houston lawyer Barbara Ann Radnofsky, calls the amendment a “massive mistake,” the Fort Worth Star-Telegram reports. Designed to ban gay marriages, the 2005 amendment was approved by the legislature and ratified by voters.
Part of the amendment reads, “Marriage in this state shall consist only of the union of one man and one woman.” But there is this more troubling phrase, designed to bar 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.”
Radnofsky, who worked for Vinson & Elkins for 27 years, says a new constitutional amendment may be needed to correct the 22-word clause, according to the article. “You do not have to have a fancy law degree to read this and understand what it plainly says,” she said.
The Liberty Legal Institute in Plano helped draft the amendment. The group’s president, Kelly Shackelford, told the Star-Telegram that Radnofsky’s position is “a silly argument” that has “about one chance in a trillion” of winning in court.
Hat tip to Pat’s Papers.
