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Abortion, Civil Rights and other Social Issues Abortion, Civil Rights, Homosexuality, Education, and other issues except health care.

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  #1 (permalink)  
Old 11-19-2009
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Lightbulb Texas' gay marriage ban may have banned all marriages

My comment: Whoops!

Texas' gay marriage ban may have banned all marriages

By Dave Montgomery | Fort Worth Star-Telegram

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 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.

[more]
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Old 11-19-2009
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Re: Texas' gay marriage ban may have banned all marriages

This has been my suggestion for solving the problem all along.
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Old 11-19-2009
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Re: Texas' gay marriage ban may have banned all marriages

Pretty much, I guess. Perhaps the wording could improved, but even an idiot knows the intent of the amendment.
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Old 11-19-2009
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Re: Texas' gay marriage ban may have banned all marriages

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Originally Posted by Ernie S. View Post
Pretty much, I guess. Perhaps the wording could improved, but even an idiot knows the intent of the amendment.
Doesn't matter.

In their over-zealous stretch to ban gay marriage, they may well have fucked themselves, and it's the law.

Too fuckin' funny...
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Old 11-19-2009
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Re: Texas' gay marriage ban may have banned all marriages

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Originally Posted by Ernie S. View Post
Pretty much, I guess. Perhaps the wording could improved, but even an idiot knows the intent of the amendment.
Yeah, but since this is almost sure to receive a court challenge now, there could be a problem.
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Old 11-19-2009
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Re: Texas' gay marriage ban may have banned all marriages

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Originally Posted by Commodore View Post
Yeah, but since this is almost sure to receive a court challenge now, there could be a problem.
No doubt! I just pointed out that the intent is well known. Without reading the entire amendment, I would suppose that it will require a rewrite and a revote.
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Old 11-19-2009
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Re: Texas' gay marriage ban may have banned all marriages

Kinda silly, so concerned that a couple of guys may get married, they apparently made everyone's marriage invalid. All this for the stated reason of "saving marriage". I guess I just don't get it, if a couple of my neighbors wanna "gobble goobers" together, how the hell does that affect my relationship with my wife of 25 years or any other relationship for that matter.
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Old 11-19-2009
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Re: Texas' gay marriage ban may have banned all marriages

LOL, Texas...
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Old 11-19-2009
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Re: Texas' gay marriage ban may have banned all marriages

When idiots pass laws, you get stuck with idiotic laws.

Its fitting.
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Old 11-19-2009
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Re: Texas' gay marriage ban may have banned all marriages

Quote:
Originally Posted by turnitup5000db View Post
This has been my suggestion for solving the problem all along.
+1

If there is a need to adjudicate property rights, civil unions for all. Since we're at a unique time in history where marriage is based purely on emotional whim rather than practical expediency, there's no reason to have it tied into civil proceedings.
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Old 11-19-2009
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Re: Texas' gay marriage ban may have banned all marriages



When has mariage ever been less of a practical expediency than now?

Back through the years people actually got married due to the religious aspect, it being the right thing to do, or even because the father of the bride held a gun to the back of the groom's head.

Now, folks just get married (and divorced) for the heck of it...
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Old 11-19-2009
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Re: Texas' gay marriage ban may have banned all marriages

Quote:
Originally Posted by Disillusioned_1 View Post
When idiots pass laws, you get stuck with idiotic laws.

Its fitting.
Its not even hapenning, leave alone fitting. Just one woman's interpretation of what the law might be.
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Old 11-19-2009
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Re: Texas' gay marriage ban may have banned all marriages

Quote:
Originally Posted by turnitup5000db View Post
This has been my suggestion for solving the problem all along.
If Perry had his way he would in fact agree that all civil marriages, common law stuff and what not should be outlawed. Only religious ceremonies in a church = marriage. Obviously he doesn't have the ability to do that, but privately he's probably not too upset by a kook or two not being able to interpret the clause correctly.
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Old 11-19-2009
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Re: Texas' gay marriage ban may have banned all marriages

Sounds like someone's bitter about being just a boyfriend again....
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Old 11-19-2009
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Re: Texas' gay marriage ban may have banned all marriages

Quote:
Originally Posted by Traveler View Post
Its not even hapenning, leave alone fitting. Just one woman's interpretation of what the law might be.
You're right, it would be fitting if it actually got taken to court and the judge decided that interpretation of the wording was correct.

It won't be fitting if a poorly worded, bigoted, discriminatory law is upheld by the courts.
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