From The Karma Files: Texas Legislation To Ban Gay Marriage May Endanger ALL Marriages
Oops:
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 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.
She calls it a "massive mistake" and blames the current attorney general, Republican Greg Abbott, for allowing the language to become part of the Texas Constitution. Radnofsky called on Abbott to acknowledge the wording as an error and consider an apology. She also said that another constitutional amendment may be necessary to reverse the problem.
Obviously, Abbott and supporters are saying that the intention is clear and that Radnofsky is just being "silly." Personally, I think this is great opportunity to challenge the law on behalf of the gay partnerships being discriminated against. If the state of Texas does not want recognize any kind of legal standing between same sex couples to the point that they declare they will not recognize the legal standing of anything like marriage, let them experience the wrath of straight couples who will find insurance companies pouncing on this wording to deny benefits.
Forget the insurance companies pouncing on this. Wait until the community property settlements for now dissolved marriages come unglued.
Texas also has a constitutional prohibition against passing retroactive laws, so if Radnofsky is proven correct, I plan to go into the wedding planning business as a "do-over" specialist.
“Why would anyone with a functioning brain believe this guy?”
Some guy with an eating disorder
This has HUGE implications. In addition to complicating divorce settlements of marriages "issued" in Texas, a complete loss of marriage will lead to:
- Siblings and parents suing for inheritance when a "married" person dies with no children and no will.
- Siblings and parents suing for the right to control the health care decisions of "married" incapacitated people.
- A complete elimination of common law marriage.
- "Married" couples begin filing taxes as "Single" to avoid the marriage penalty.
- Spouses married in a different state may try to nullify Texas divorce agreements that are not to their liking. They would argue that since Texas could not legally recognize their marriage, it could not legally officiate their divorce. The divorce must be re-negotiated in another state.
Actually, this could be the springboard for a more specific and salient argument: that the State's ONLY interest is in the civil contractual aspects of "marriage" and that this is both de jure and de facto a civil union, and never a marriage, since a marriage is a religious and spiritual commitment that has no bearing on statutes of frauds, etc. We don't ask people to be in love to get a marriage license, we REQUIRE them to be responsible for each other's debts and adhere to contractual obligations taken by the partners. That is by definition (if not by name) a civil union, and no more. So yeah, the state should not make a conceptual definition of a spiritual relationship, ie "marriage". Gay rights advocates are missing a trick here - redefine all marriages in the governmental context as "civil unions" and strike the inappropriate marriage verbiage - leave that to the church, or the spirit, where it belongs. And of course the right will cry foul that gays are ruining marriage - the counter is of course that as true conservatives they should be consistent - if they dont want the government involved...the rest of us would be happy to accomodate them...
The shame of it is that in high school he was an okay, even fun guy. I don't know what happened in the thirty years since I last saw him but the cowboy boots and hat and his drawl? All affectations. We used to make fun of those people, yes, Greg was right there mocking them with us.
Barack Obama: Change we can only imagine
.
“Why would anyone with a functioning brain believe this guy?”
Some guy with an eating disorder
The Greg Abbott I knew was ambitious and shrewd but I never would have thought he would sell out his values to be successful. Shows you what a poor judge of character I am I guess.
Barack Obama: Change we can only imagine
Some of my friends used to know John Fund. He worked on science fiction conventions, wanted to be a journalist ... and now he's ultraconservative and writing for the WSJ.
Who got married, had kids and "found" Jesus. Those people mistook right wingnuttery for maturity. They should have never quit smoking weed.
Barack Obama: Change we can only imagine
writing for the WSJ -- he's still working with science fiction!
Yep, but no HUGO for him.
Barack Obama: Change we can only imagine
If we can't find a way to offer equality - as in marriage for all - then maybe the whole thing should be scrapped.
:)
"I know that there are people who do not love their fellow
man, and I hate people like that! " ~ Tom Lehrer (1928 - )
divorce
Her: "Marriage is just a sacred institution, and it shouldn't be for those (gay) people."
Me: "If marriage is so sacred, then why do half of all of them end in divorce. It can't be that sacred that as long you're not at least a first cousin, you can get a license here in Arkansas."
Her: (stunned silence) "It's just sacred..."
"When are we going to stop trying to tell elected officials what to do. Our job is to spend the taxpayers' money the best way we can." -- Tommy Watkins, Justice of the Peace, Crawford County, Arkansas
In the comments posted in response to the article from which this post was taken in the Ft. Worth Star-Telegram:
"ya mean I aint hitched? gol dang it....whers my gun....I gotta go shoot somethin"
“Why would anyone with a functioning brain believe this guy?”
Some guy with an eating disorder
Nobody talks like that and certainly nobody writes like that, even in Texas.
Barack Obama: Change we can only imagine
speak.
(with spelling liberties taken to reflect diction)
On an amendment to divert funding from the Commission on the Arts to the Aid to Families with Dependent Children program:
"Members, whut I'm askin y'all is what yew want. Yew want to pay for some little rich gal doin pair of ways in a too too, or do yew
wanna by a poor girl two par of shoes?"
On the second Amendment:
"Members, in Texas you git three things> You git born, you go die, and in between you can have a gun if you want one."
On a proposal to allow non veterinarians to perform a practice previously reserved to D.V.M's., anal palpitation of an equine.
"Member's don't let this amendment fool you. We're talkin about anal palpy-tay-shun of an ek-whine. I'm sorry, but just cuz you got a Pee Hache Dee don't me yew are qualified to stick your arm up a horse's rear end."
“Why would anyone with a functioning brain believe this guy?”
Some guy with an eating disorder
that Texas has solved all of it's other problems so they can devote money and resources to seeing that only the Right people can marry.
But sleeping with your first cousin, while not condoned, will continue to not be prosecuted.
Vote GOP and move forward to the 18th Century.
Apprently no one is legally married, nor anyone moving into this State is considered married even though they were married in another State.
The Justice of it all.
Can this become a campaign issue in the next Governatorial race?
It clearly show the right is ignorant at Law interpataion and application and the only thing that matters is the appeasement of the far right agenda, proof is in why such a law was pasted.
race."
It will only if "Governator" Rick Perry's wife Anita seizes on this opportunity to rid herself of unnecessary baggage.
“Why would anyone with a functioning brain believe this guy?”
Some guy with an eating disorder
But it's astonishing to me that she has still got his back, the self loathing closet queen.
Barack Obama: Change we can only imagine
..ole Rick wants her? Maybe this is a boon to a lot of guys married in Texas: "Honey, the state sez' we ain't married no more! Take your mother and get out of my house!" "It ain't your house Slim; its mine!" "No its not" "Yes it is" and then..someone anally palpitates an equine.
More laughs from the reddest of the right-wing states of confusion.
Mickey: "It was an epiphany. Do you know what an epipany is?"
Keoni: "NOT NOW MICKEY!"
since he got out of Haskell. Once he got to the big city he was able to reconnect to his days living the Aggie Yell Leader lifestyle.
“Why would anyone with a functioning brain believe this guy?”
Some guy with an eating disorder
At least ONE marriage is legal . . .
"marriage in this state shall consist only of the union of one man and one woman."
So I wonder which man and woman are married? Could it be that simple?
"I know that there are people who do not love their fellow
man, and I hate people like that! " ~ Tom Lehrer (1928 - )
*sigh*
Barack Obama: Change we can only imagine
Hightower is fun, but Molly was pure gold.
Ann Richards is gone but Perry is still here. Stevie Ray Vaughn is dead but Kinky Friedman is still being annoying. One of these days, progressives in Texas are going to reclaim this state, which has become a fetid sewer under the "leadership" of the GOP.
Barack Obama: Change we can only imagine
I occasionally play Rock Band with some younger friends, and I talked the one whose console we use to buy some of the Stevie Ray Vaughn downloadable content.
This is a guy whose taste runs towards hard metal - Metallica, etc. - and he really liked discovering Stevie Ray.
would find something for themselves in Stevie's music.
Barack Obama: Change we can only imagine
http://www.youtube.com/watch?v=6UOJUbiWC5M
“Why would anyone with a functioning brain believe this guy?”
Some guy with an eating disorder
... 'cause no live ones are particularly inspirin'.
http://www.youtube.com/watch?v=T_qv21l3ILU
“Why would anyone with a functioning brain believe this guy?”
Some guy with an eating disorder
he was great in his prime time.
http://www.youtube.com/watch?v=6kP0K2V64AM
did it last more than a week? He is a right wing egotistical
know nothing.
“Why would anyone with a functioning brain believe this guy?”
Some guy with an eating disorder
that's him. that's what makes him funny.
I REALLY miss Molly!
...so, they were right? Gay marriage (or the banning thereof) really is threatening 'traditional' marriage? Huhn... Learn something new everyday, I guess...
Another GOP self-fulfilled prophecy. Keep 'em coming, boys!
Is being married to your gun legal in Texas?
is required.
“Why would anyone with a functioning brain believe this guy?”
Some guy with an eating disorder
It's had me laughing since I read it. Must send her money to encourage her campaign.
toys toys license license legal legal arggggggh . . .
So that means according to these religious freaks ALL fornicators in Texas are now living in sin. Classic.
is intended to be a factual statement
this gets straightened out before the Rapture.
BWAAAHAHAHAHAAAA!
No one is married in Texas any more, good job guys!
That's really protecting the sanctity of marriage!
A constitutional amendment no less, how delightful.
Supporters claims of it's intention being clear are indeed correct, it clearly states that in Texas marriage is no longer recognized.
VERY funny.
My wife went to a baseball game with her brother a few years back. They were getting some food and after my brother-in-law had ordered, the counter guy said "does your wife want anything?" without missing a beat my wife turned to her brother and said "if we get dEvorse is we still brother and sistor?" They say that the look on the guys face was priceless. Now my wife and I who are common law married can say "If we move to Texas is we still married?"
themselves, and everyone else, in the foot with this one!
My Uncle Vicente is not legally my uncle anymore since he and my Mom's sister aren't legally married anymore? Weirdness.
But this is like the perfect opposite of my county clerk here in California banning civil wedding ceremonies for all couples so she wouldn't have to perform any for gay couples. :)
"The greatest tyranny is censoring information in order to be better able to control people." - Cristina Saralegui
So what? If the issue is appealed to the right wing Texas Supreme Court (at one time almost all justices were put on the bench by insurance corporations and Sixty Minutes called it "The Best Justice Money Can Buy"). They will say that legislation is guided by certain rules of construction and that no one part isolated from the others can take prominence; the entire statute will then be read as a whole and every attempt will be made to harmonize any ambiguities and contradictions. In other words, we lose.
"Respect for the rights of others is peace." --Benito Juarez
This gave me such a delightful chuckle all day.
I agree with many here, this should be pursued. Personally I think it's wonderful that a group of religious thugs, in an attempt to appease Baby Jebzuz, have annulled all marriages in the state. Now, as collateral damage from said appeasement, all "married" couples are now fornicators, and their children to seven generations are Hell-bent illegitimates, because a piece of paper says so.
Part of me delights in saying, "Awwww... the state doesn't recognize your union? Well... too f*ing bad. Boo hoo. But thanks for playing!"
"This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage."
Well, it seems pretty fucking clear to me.
The state may not recognize anything identical to marriage.
Straight marriage is identical to marriage, therefore, it may not be recognized.
Where can I donate money to the legal fund which will challenge straight marriages?
(Thankfully, I am single)
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