2005 Texas Marriage Bill Accidentally Outlaws ALL Marriage

A constitutional amendment passed by the Texas legislature in 2005 may have accidentally outlawed all marriage, of any kind. The bill declares that “marriage in this state shall consist only of the union of one man and one woman;” pretty standard. But it also says:

“This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.” [emphasis added]

“You do not have to have a fancy law degree to read this and understand what it plainly says,” says Barbara Ann Radnofsky, a Houston lawyer and democratic nominee for Attorney General. Oopsie.

The clause was originally included in the law to outlaw not only gay marriage, but any same-sex domestic partnerships or civil unions. Unfortunately, the intentionally vague clause is just that; too vague.  Ms.Radnofsky, who is currently running for Attorney General of the state of Texas, calls the bills architecture a “massive mistake” and is calling on current Attorney General Greg Abbott to apologizes for his mistake. Though certainly politically motivated, Ms.Radnofsky’s observation will have real effects throughout the state’s courtrooms. With the questionable status of all marriages performed since the passage of the 2005 law, Radnofsky predicts an onslaught of  ”unneeded arguments, lawsuits and expense which could have been avoided” in legal claims involving spousal rights, insurance claims, inheritance and other marriage-related issues.

[Fort Worth Star-Telegram]

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