Are you really married? Texas Democrat says maybe not

Texas marriages in legal limbo due to 2005 error, Democrat says

DAVE MONTGOMERY/Fort Worth Star-Telegram 17 November 2009
AUSTIN -- Texans: Are you really married?

Maybe not.

Barbara Ann Radnofsky, a Houston lawyer and Democratic candidate for attorney general, says that a 22-word clause in a 2005 constitutional amendment designed to ban gay marriages erroneously endangers the legal status of all marriages in the state.

The amendment, approved by the Texas Legislature and overwhelmingly ratified by Texas voters, declares that "marriage in this state shall consist only of the union of one man and one woman." But the trouble-making phrase, as Radnofsky sees it, is Subsection B, which declares:

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

Architects of the amendment included the clause to ban same-sex civil unions and domestic partnerships. Read more.