Texas May Have Outlawed Straight Marriage

Barbara Ann Radnofsky, Democratic candidate for Texas Attorney General, gave a speech in which she said that the 2005 amendment to the Texas State Constitution bans all forms of marriage:

The amendment, approved by the Legislature and overwhelmingly ratified by voters, declares that "marriage in this state shall consist only of the union of one man and one woman." But the troublemaking 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. But Radnofsky, who was a member of the powerhouse Vinson & Elkins law firm in Houston for 27 years until retiring in 2006, says the wording of Subsection B effectively "eliminates marriage in Texas," including common-law marriages.

A strict reading of the law does seem to indicate that this is true, since marriage is a, "Legal status identical or similar to marriage," it appears that marriage is illegal in Texas.

Oopsie.

The late, and much missed, Molly Ivins used to say that Texas was, "Mississippi with good roads," but not it appears that it appears that Texas is "Mississippi with good roads, and no brains."

Well, at least they are safe from zombie hordes.