State And Local Government

Updated November 18, 2009

Texas AG Candidate Argues Anti-Gay Marriage Law Bans All Marriages

FOXNews.com

The retired lawyer says a  22-word clause "eliminates marriage in Texas," including common-law marriages, the newspaper reported. 

The Democratic candidate for Texas attorney general is claiming a clause put into a 2005 state constitutional amendment meant to ban gay marriages effectively eliminates marriage in the state, the Star-Telegram reported. 

The first part of the amendment says "marriage in this state shall consist only of the union of one man and one woman," but it's Subsection B that Barbara Ann Radnofsky says poses a problem. 

"The state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage," reads the section.

The retired lawyer says it's that 22-word clause that "eliminates marriage in Texas," including common-law marriages, the newspaper reported. 

"You do not have to have a fancy law degree to read this and understand what it plainly says," Radnofsky said.

But a spokesperson for current Attorney General Greg Abbott, a Republican, says there is no problem with the way the law is written. 

"The Texas Constitution and the marriage statute are entirely constitutional," Jerry Strickland told the newspaper. "We will continue to defend both in court."

Click here to read more on this story from the Star-Telegram.

 

 

 

 

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